Whatever Happened to Justice Ch 5

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Questions and Answers

What are the two fundamental laws agreed upon by all major religions and philosophies?

Encroach on others only if necessary, and fulfill your obligations.

Do all you have agreed to do, and do not harm others.

Do not encroach on other persons or their property, and do all you have agreed to do. (correct)

Respect others' beliefs, and ensure justice for all.

Which statement best captures the concept of encroachment as defined in the content?

To invade someone's personal space during a discussion.

To openly dispute the rights of another person.

To unlawfully intrude upon the rights or property of another. (correct)

To ignore the regulations set by the community.

Which religion emphasizes the idea of not making vows that are not fulfilled?

Hinduism

Buddhism

Judaism (correct)

Christianity

What common teaching is reflected in both the Bible and the Koran regarding justice?

Ensuring fairness in transactions. Signup and view all the answers

Which principle is emphasized by both Christianity and Judaism regarding interactions with others?

Do unto others as you would want them to do unto you. Signup and view all the answers

What is the primary consequence of violating the two fundamental laws?

Encroachment on individual liberties. Signup and view all the answers

What does the content suggest about the enforcement of laws beyond the two fundamental laws?

They may infringe on individual freedoms. Signup and view all the answers

How do different religions interpret the two fundamental laws?

They express them similarly but in varied wording. Signup and view all the answers

What is the basis of contract law in common law?

To do all you have agreed to do Signup and view all the answers

Which law is associated with the idea of harm done by one person to another?

Tort law Signup and view all the answers

Why might Americans today have little knowledge of common law?

Tax-supported schools do not teach religious backgrounds. Signup and view all the answers

What do the two fundamental laws state?

Do all you have agreed to do, and do not encroach on others. Signup and view all the answers

What is a major misconception about law and government?

They are essentially the same institutions. Signup and view all the answers

How was common law originally enforced?

By judges based on precedents and religious principles. Signup and view all the answers

What consequence is suggested from the decline of church attendance?

A generation will lack a clear understanding of right and wrong. Signup and view all the answers

Study Notes

Fundamental Laws of Common Law

Two fundamental laws, agreed upon by most religions and philosophies:
- Keep agreements.
- Do not infringe on others' property or rights.

Defining Encroachment

Encroachment: Entering another's possessions or rights gradually or stealthily, trespassing, or intruding on their land, property, or authority.

Religious Perspectives on Fundamental Laws

Bible: "Better it is that thou shouldest not vow, than that thou shouldest vow and not pay"
Koran: "Woe unto the unjust who, when others measure for them, exact in full, but when they measure or weigh for others, defraud them."
Judaism and Christianity: "Thou shalt not steal" and "Thou shalt not murder"
Christianity (Jesus): "Do unto others what you would want others to do unto you."
Judaism (Hillel): "Do not do unto others what you do not want others to do unto you."
Confucian Philosophy (China): Similar emphasis on treating others as you wish to be treated.

Importance of the Fundamental Laws

These two laws are the only common ground across various religions and philosophies.
All other notions of right and wrong are diverse.
The basis of common law, including contract, criminal, and tort law.
These laws predate Congress and America's founding.
Governments should not override these laws.

Common Law and Political Law

Distinction between law and government.
Law is a system of conduct and enforcement by courts, while government is an entirely different entity.
Common law originated from religious principles.
American public schools focus on political law and lack education on common law's roots.

Declining Church Attendance

Church attendance has declined significantly since the early 1800s, from over 75% to around 40% by 1990.
This affects the understanding and teaching of natural law, leading to a generation with less objective standards of right and wrong.

Application to Adults and Competence

Discussion of fundamental laws applies to competent adults only.
Issues of responsibility for rights and duties with children or those with mental impairments are unclear or arbitrary.

Voluntary Agreements Only

Agreements must be voluntary, free from force or deception.

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Description

This quiz explores the essential principles of common law that are recognized across various religions and philosophies. It covers the concepts of keeping agreements, respecting property rights, and examines religious perspectives on these laws. Test your understanding of encroachment and its implications within legal and moral frameworks.