Whatever Happened to Justice Ch 42 Summary

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Questions and Answers

What was the primary job of the courts in relation to Natural Law?

To discover and apply Natural Law (correct)

To enforce government mandates

To create laws that reflect political interests

To replace Natural Law with legislative law

Why can Natural Law not be repealed?

It remains effective regardless of human intent (correct)

Because it is based on majority rule

It is legislated by democratic bodies

Due to its connection with morality

What distinction is made about the nature of government organizations?

They consist of infallible leaders

They have exclusive access to economic resources

They operate under divine authority

They are similar to private organizations in structure (correct)

What was the conclusion of the judges at the Nuremberg trials regarding legal obedience?

Individuals must adhere to a higher moral duty Signup and view all the answers

What did legal historian Henry Sumner Maine find about lost civilizations?

They experienced a separation of law from morality Signup and view all the answers

What did Abraham Lincoln advocate for regarding respect for laws?

To promote common law as a political religion Signup and view all the answers

What connection between fields does the author highlight as largely unknown?

Law and economics Signup and view all the answers

What do the two fundamental laws mentioned in the summary emphasize?

The importance of individual rights and freedoms Signup and view all the answers

What is stated about the representation of common law in educational materials?

It is seldom addressed and lacks depth Signup and view all the answers

Which statement reflects the author's view of America in relation to common law?

It served as a model for laws based on personal freedoms. Signup and view all the answers

What does the author imply about varying interpretations of right and wrong?

They are subjective and often lead to conflict. Signup and view all the answers

According to the summary, what is the consequence of encroaching on another person's rights?

It is strictly forbidden by the two fundamental laws. Signup and view all the answers

What does the author assert about the discovery of principles according to Thomas Paine?

Principles can only be discovered, not created. Signup and view all the answers

How does the author view the implications of ignoring the two fundamental laws?

It results in increased poverty and chaos. Signup and view all the answers

What is implied about personal adherence to additional laws beyond the fundamental ones?

They can be followed as long as they don't violate the fundamental laws. Signup and view all the answers

Study Notes

Common Law and its Importance

Common law is arguably the most crucial subject to study, yet is inadequately covered in textbooks. Six history/civics and two law textbooks examined by the author contained minimal coverage of common law, often treating it as unimportant because it's largely obsolete.

Fundamental Laws of Common Law

Two fundamental laws, found in all major religions/philosophies, are the core of common law:
- Do everything you have agreed to do.
- Do not encroach on others or their property.
These principles allow for the enforcement of just laws on all members of society.
Encroachment beyond these two fundamental principles is forbidden.
Individuals are free to follow other laws (charity, compassion, etc.), as long as the two fundamental laws are respected.

Importance of Common Law in American History

America's prosperity and freedom were linked to widespread adherence to common law principles.
Government officials and citizens alike respected common law principles.

Common Law and Natural Law

Courts existed before codified law; determining and applying Natural Law was the courts' original task.
Common law emerged as an attempt to reflect Natural Law.
Natural law cannot be changed by majority rule or good intentions.
Common law, despite imperfections, represents the best legal system humanity has developed so far.

Common Law Principles and Government

Governments are similar to private organizations, composed of ordinary human beings, not angels or miracle workers.
Government officials enjoy the privilege of encroachment (violating the rights of ordinary individuals), but are not equal in the law to ordinary citizens.
The Nuremberg trials emphasize that individuals' duties extend beyond national laws (there exists a higher duty).
"All men are created equal" signifies that no one is above the law, not even government officials.

Connection Between Law and Economics

Economic systems are a product of legal systems.
Law is the cause, and economics is the effect.
Economists often ignore law, and lawyers often ignore economics.
The critical link between law and economics remains largely unknown.

Abraham Lincoln and Common Law

Abraham Lincoln advocated for reverence for common law—not for political laws.
His call for its universal acceptance as a political religion has been largely ignored, leading to a lack of understanding of common law in modern America.

Promoting Understanding of Common Law

Encourage friends to read the author's letters and related materials (e.g., "The Enterprise of Law by Bruce L. Benson).
Examine differing perspectives on law, power, and government.
Emphasize understanding of the economic connections with law.

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Description

Explore the significance of common law and its foundational principles that govern society. This quiz delves into the core laws that are essential for understanding the legal framework and their impact on American history. Assess your knowledge of this often-overlooked yet vital subject.