Whatever Happened to Justice Ch 16

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Questions and Answers

What concern did James Madison raise regarding political law?

It can render business plans unlawful unexpectedly. (correct)

It encourages the expansion of private businesses.

It provides complete protection for merchants.

It remains static and predictable.

What was the result of U.S. manufacturers fearing civil liability, according to a survey?

Increased product research and development.

Greater investment in national infrastructure.

Reduction in the variety of products available in the market. (correct)

Higher job creation rates in the manufacturing sector.

What principle did the Founders believe was superior to political law?

The law of the jungle.

Moral and common law principles. (correct)

Statutory law upheld by modern governments.

Religious doctrines exclusively.

According to Jonathan Mayhew, when does a king's authority become illegitimate?

When he enforces rules that contradict Higher Law. Signup and view all the answers

What did President John Quincy Adams suggest gave the Constitution its vital existence?

Subservience to a rule of right and wrong. Signup and view all the answers

What was indicated about the political law in the content?

It does not adhere to consistent moral principles. Signup and view all the answers

What did many Americans take for granted, according to the author?

The principles outlined in the Constitution and Bill of Rights. Signup and view all the answers

What is a primary characteristic of political law as described?

It is determined by the whims of powerholders. Signup and view all the answers

What event is identified as a significant cause for the shift to political law?

The Great Depression of the 1930s. Signup and view all the answers

How does political law affect economic progress?

It hinders the ability to plan ahead effectively. Signup and view all the answers

Which of the following historical examples illustrates the dangers of majority rule?

The Reign of Terror during the French Revolution. Signup and view all the answers

What is implied about political law compared to common law?

Political law has a more arbitrary nature than common law. Signup and view all the answers

What does the text suggest about people's understanding of economic issues during the Great Depression?

Few recognized the government's role in the economy. Signup and view all the answers

What does political law operate on instead of fundamental laws?

Political power and brute force. Signup and view all the answers

In what way does political law create uncertainty for businesses?

Laws can change rapidly based on political shifts. Signup and view all the answers

Study Notes

Political Law: Characteristics and History

Political law is a system of laws based on the current power holders' decisions, rather than fixed principles like common law
It lacks inherent logic and morality
It is highly susceptible to change and fluctuation, making long-term planning and economic progress precarious.
The shift towards political law occurred significantly in the 20th century, largely due to the Great Depression. Public desperation during the period led to demands for government intervention, often disregarding fundamental laws in favor of expanded force.
Political law is the opposite of common law, which prioritizes established principles
Democracy or dictatorship—political law remains arbitrary in both contexts, requiring obedience to power holders regardless of ethical considerations. The majority, similarly to dictators, act out their desires, not necessarily considering righteousness.

Origins of the Shift to Political Law

The Great Depression of the 1930s played a crucial role in the rise of political law. Public confusion regarding the economic crisis led to demands that governments implement immediate solutions.

Consequences of Political Law

Political law's instability makes long-term planning difficult for investors and businesses. Instability hinders economic progress.
The unpredictability of political law erodes trust, discouraging investments, and potentially leading to economic slowdown and unemployment.
Examples of negative consequences due to political instability are provided (e.g., the Reign of Terror, Salem witch trials, U.S. treatment of Native Americans)

Common Law vs. Political Law

Common law, or scientific law, is based on logic and enduring principles, unlike political law.
Supreme Court Justice Oliver Wendell Holmes Jr. defined law as systemized prediction, emphasizing the consistent application of legal principles.
Pre-20th Century political law was subject to fixed ethical principles and logic
The American Revolution was fought to uphold scientific laws against ever-increasing infringement by government officials
Founders' belief in God-given rights to life, liberty, and property as unalienable and non-changeable, formed the groundwork for the new nation's founding documents.

Role of Religion and Morality

American founders cited higher laws and religious principles (like God's will) as guiding forces in shaping laws, emphasizing the importance of ethical and moral standards in lawmaking
Jonathan Mayhew's sermon (1750), considered influential in the American Revolution, argued that a king's legitimacy relied on his obedience to these higher laws.
Mayhew highlighted the duty to disobey government laws that violate divine ones.

Criticisms and Perspectives

The text critiques modern Americans for taking fundamental documents/principles for granted, while expressing appreciation for American values.
There's a historical observation that the US Constitution and Bill of Rights are often not fully implemented in practice, despite their importance.
A letter from Makram Samman (originally from Egypt) emphasizes the value of the US Constitution and Bill of Rights compared to other nations' approaches to government.

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Description

Explore the unique characteristics and historical evolution of political law, particularly its emergence in response to the Great Depression. Understand how political law contrasts with common law and its implications for governance under democratic and dictatorial regimes. This quiz examines the systems of power and their impacts on societal ethics and long-term planning.