Main Content

Lesson 02: What is Law? Part I

Lesson 2

What is Law?  Part I

A study of law should begin with an understanding of what law is and is not. Law is not the same thing as morality, although some people say it should be based upon it. Law is not the same thing as ethics, although they, too, can be closely related.

Law can be defined as a set of rules, established by the government, that tell you what you can and can't do, and for which there are penalties if the rules are violated. What purposes do the laws serve? And where do they come from?

Objectives

This lesson will help you to:

  • Understand the philosophy behind America's adversarial legal system.
  • Understand generally the concepts of due process, substantive due process and procedural due process.
  • Understand the concepts of actual notice and constructive notice.
  • Understand the difference between law, morality and ethics.
  • Understand the difference between malum in se and malum prohibitum.
  • Understand the general purpose and specific objectives of the law in regard to society.
  • Understand the sources of law.
  • Understand how the U.S. Constitution sets out express rights and implied rights.
  • Understand the concept of unconstitutionality.

Key Terms


Actual notice
Administrative agencies
Adversarial system
Case law
Common law
Constructive notice
Deterrent effect
Due process
Ethics
Express rights

Implied rights
Law
Malum in se
Malum prohibitum
Morality
Notice
Ordinance
Privacy
Procedural due process
Recidivism

Regulations
Rehabilitation
Statute
Substantive due process
Supreme law of the land
Unconstitutional
United States Constitution

Reading

Read online lesson commentary.

Scheb: An Introduction to the American Legal System

 Chapter 1, Foundations of American Law, pages 3-28.
 Chapter 3, Constitutional Law, pages 73-105.
 U.S. Constitution, referenced sections, pages 451-469.


Top of page