LAW AND CRIMINAL JUSTICE (FROM FUNDAMENTALS OF CRIMINAL JUSTICE - A SYLLABUS AND WORKBOOK, 1977, 2D ED., BY DAE H CHANG - SEE NCJ-44045)

• NCJ Number: 44048
• Author(s): A J CROWNS
• Date Published: 1977
• Length: 24 pages
• Corporate Author: Paladin House Publishers
• Publication Format: Document
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

THE NATURE AND GENESIS OF LAW ARE DISCUSSED, AND THE EFFECTS OF POLITICAL VALUES, CONSTITUTIONS, AND VARIOUS INSTITUTIONS ON THE LAW ARE EXAMINED.

Abstract

FOUR MAJOR INFLUENCES HAVE SHAPED THE DEVELOPMENT OF WESTERN LAW: GREEK PHILOSOPHY; ROMAN JURISPRUDENCE; THE JUDAEO-CHRISTIAN RELIGION; AND MODERN SCIENCE. THESE INFLUENCES HAVE RESULTED IN THE MAJOR LEGAL TRADITIONS OF CIVIL, COMMON, AND SOCIALIST LAW. MAJOR SCHOOLS OF JURISPRUDENCE HAVE FOLLOWED EITHER A PHILOSOPHICAL, AN ANALYTICAL, OR AN HISTORICAL APPROACH IN STUDYING THE SCIENCE OF LAW. THE DEFINITION OF LAW IS A SUBJECT OF DEBATE WITHIN THE FIELD OF JURISPRUDENCE. TWO COMPETING DIRECTIONS OF LEGAL THOUGHT ARE NATURAL LAW (THE BELIEF THAT LAW COMES FROM OUTSIDE THE GROUP) AND LEGAL POSITIVISM (THE ASSUMPTION THAT LAW IS ENACTED OR ADOPTED BY MAN HIMSELF AS A PRODUCT OF HIS OWN THINKING). THERE ARE 12 POSSIBLE ANSWERS TO THE QUESTION 'WHAT IS LAW?.' LAW CAN BE SUPERSTITIOUS COMMAND, OLD CUSTOM, THE RECORDED WISDOM OF WISE MEN, A SYSTEM OF PRINCIPLES, THE RESULT OF LOGIC, THE RESULT OF A SOCIAL CONTRACT, A REFLECTION OF DIVINE REASON, A COMMAND OF A SOVEREIGN, PRECEPTS DISCOVERED BY HUMAN EXPERIENCE, PRINCIPLES DISCOVERED BY PHILOSOPHERS AND DEVELOPED BY JURISTS, AN INSTRUMENT OF THE RULING CLASS, OR A DEPENDENT VARIABLE. REGARDLESS OF TRADITION, ALL LEGAL SYSTEMS REST ON CERTAIN PRINCIPLES. ALL SOCIETIES SEEK TO ESTABLISH DOMESTIC TRANQUILITY, TO DEVELOP RESPECT FOR PROPERTY RIGHTS, TO INSTALL TRUTHFULNESS AND HONESTY, AND TO EXPECT PERSONAL CONDUCT OR THE CONDUCT OF THINGS CONTROLLED NOT TO INJURE OTHERS. POLITICAL VALUES (SOCIAL PHILOSOPHY, THE ROLE OF GOVERNMENT IN SOCIETY, LAW AND ORDER, STABILITY AND CHANGE) AFFECT LAW, AS DOES THE EXISTENCE OF A CONSTITUTION. THE UNITED STATES SYSTEM, UNDER THE CONSTITUTION, IS A HYBRID METHOD OF PROMULGATION IN WHICH JUDGES, THE CHIEF EXECUTIVE, AND LEGISLATIVE BODIES ALL HAVE EFFECTS ON THE LAW. A VARIETY OF REPORTING SYSTEMS AND INDEXING SERVICES PROVIDES ACCESS TO PAST DECISIONS MADE BY THE COURT. A CHAPTER TEST IS INCLUDED. (AUTHOR ABSTRACT MODIFIED).