Type:
Instructor Manual
Resource:
Contemporary Business and Online Commerce Law
Edition:
7th Edition
Author(s):
Henry R. Cheeseman
Legal Heritage and the Information Age 1
Chapter 1 Legal Heritage and the Information Age
What Is The Law And Where Do We Find It? Learning Objectives 1. 2. 3. 4. 5. I.
Define law. Describe the functions of law. Explain the development of the U.S. legal system. List and describe the sources of law in the United States. Explain the development of the U.S. legal system. Teacher to Teacher Dialogue
One of the most common dilemmas facing instructors of business law is the issue of topic choice. By the very nature of the subjects we teach, the breadth of materials is so wide that choosing what to focus on in the limited classroom time we have with our students can be a most daunting task. This problem is especially exacerbated when the topics we are dealing with are all of deep interest and can stand alone as separate courses. In this chapter, for example, we are asked to introduce students to topics ranging from the definitions and purposes of law to how our system affects business decisions, to some of the most important provisions found in the U.S. Constitution. Any one of these subparts can provide the raw materials for an entire course at the law school level. Our job must start with a self-evident, but sometimes forgotten, point: this is not law school. We are here not to train future lawyers but rather students who need to know enough about these issues to recognize that they are issues. The technical legal problems they may be facing later will ultimately need to be resolved using law and other practitioners. The plus side of this dilemma is that because we have such a diverse menu to select from, we are able to pick and choose our areas of emphasis. For example, if your particular teaching and research interests lie in the area of ethics and the schools of jurisprudential thought from which they are derived, then by all means, run with it! Rather than trying to be all things to all people, it is better to focus your efforts on your strengths. This does not mean that you can shortchange the other material. All key objectives of the chapter should be fully outlined and incorporated in both your lecture and materials outline. But if you have a particular interest and expertise in, for example, the Law and Economics School of jurisprudential thought, then use them as focal points of comparison in the evolutionary process that seeks to distinguish the older schools of jurisprudence from newer approaches to these issues. In any event, remember that philosophical .
2 Chapter 1
studies of what law is and what its role is in the larger scheme of things have always posed questions virtually impossible to answer. As has been mentioned, this chapter represents attempts by great thinkers to answer the unanswerable. It would be far too presumptuous for us to think that we can teach, in a few hours, what the great philosophers of the world have tried to do over hundreds of years. Perhaps this is an early lesson in what wisdom is really all about: the more we know of history, the more we know of our own limitations. If we can get that point across, the course is off to a good start. II.
Text Materials
What Is Law? ▪ The law consists of rules that regulate the conduct of individuals, businesses, and other organizations within society. ▪ It is intended to protect persons and their property against unwanted interference from others. ▪ The law forbids persons from engaging in certain undesirable activities. Functions of Law ▪ Keeping the peace o Including making certain activities crimes ▪ Shaping moral standards o e.g., enacting laws that discourage drug and alcohol abuse ▪ Promoting social justice o e.g., enacting statues that prohibit discrimination in employment ▪ Maintaining the status quo o e.g., passing laws preventing the forceful overthrow of the government ▪ Facilitating orderly change o e.g., passing statutes only after considerable study, debate, and public input ▪ Providing a basis for compromise o Approximately 90 percent of all lawsuits are settled prior to trial ▪ Facilitating planning o e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks ▪ Maximizing individual freedom o e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution Fairness of the Law ▪ The American legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced. Flexibility of the Law ▪ U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world.
Landmark Law: Brown v. Board of Education This discusses the application of law where the Supreme Court overturned the “separate but equal” doctrine that condoned separate schools for black children and white children. ▪ Supreme Court reversed prior precedent of Plessy v. Ferguson (1896). .