Monday, March 14, 2016

blog 4


HISTORY


Today I will be discussing the history of Law on a very broad basis. First thing is first lets start with the beginning of course.











What is the origin of law?

The Origin of Law is the background to our diverse legal systems today, and stretches back from a time before man was ableat he wanted to live by. (Graham)








Where does the law come from?

In the United States, the Constitution is the ultimate source of the law. However, it was never designed to address every specific legal question. Within the boundaries of the Constitution, there are two primary sources of law, common law and statutory law. This law comes from the judicial branch.


(Graham)


Constitution of United States of America 1789 (rev. 1992)


"We the People of the United States, in Order to form a more perfect Union,


establish Justice, insure domestic Tranquility, provide for the common defense,






promote the general Welfare, and secure the Blessings of Liberty to






ourselves and our Posterity, do ordain and establish this Constitution for the






United States of America"




Who invented the first law?
By the 22nd century BC, Ur-Nammu, an ancient Sumerian ruler, formulated the first law code, consisting of casuistic statements ("if... then..."). Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone.
Babylonian Law? The Code of Hammurabi refers to a set of rules or laws enacted by the Babylonian King Hammurabi. Around the 23rd Century BC, the Akkadian and Sumerian peoples around the Mesopotamian region eventually developed into the Babylonians, which provides history with a large number of examples of ancient laws, and in fact were so comprehensive that the majority of laws and legal procedures that most cultures of today have, including contracts, deeds, bonds, and judges, were represented. Babylonian Law notes the first instances of marriage and family laws known to have existed, among other common laws still in existence today (Graham)




Where does common law come from?
Common law originated during the Middle Ages in England, and from there was propagated to the colonies of the British Empire, including India, the United States (both the federal system and 49 of its 50 states) (Tani)







When people think of ancient law they think of the Magna Carta or indeed the 10 Commandments, but evidence shows that the theory of law was understood and implemented somewhat for a very long time prior to that, and some form of justice system prevails amongst even the least developed of cultures alive today, and in fact, there are still some basic laws in western society whose origins can be traced back to Roman Times. (Tani)
Roman EmpireEdit


Roman law was heavily influenced by Greek teachings. It forms the bridge to the modern legal world, over the centuries between the rise and decline of the Roman Empire. Roman law, in the days of the Roman republic and Empire, was heavily procedural and there was no professional legal class. Instead a lay person, iudex, was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost not recognized. Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire, the Emperor Justinian codified and consolidated the laws that had existed in Rome so that what remained was one twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civills. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." (Tani)



Sources:

Graham, Gray R. "Law and the Rule of Law." The Judicial Learning Center. Pheonix Design, 3 Sept. 2015. Web. 14 Apr. 2016.


Tani, Karen. "Legal History Blog." Legal History Blog. University of Pennsylvania, 11 Jan. 2015. Web. 14 Apr. 2016.




Henrey, Wilson H. "Relation of History." View Content. Nebraska State Historical Society Page, 1887. Web. 2008.




Monday, March 7, 2016

blog 3

Moving Forward 

Hello fellow bloggers! Today is going to be a little different. I am going to discuss with you why and for what reasons i started this blog and why I chose law as my blogging choice. 

About me

I was born in Kentucky and then for parental job reasoning moved to the great state of Tennessee right outside of Nashville, the city of music. I have an older brother who still to this day has an anti women and extreme argumentative attitude towards everything. By everything I mean everything. My parents are the greatest blessing of all. Hard-working, loving, caring, and smart just about sums them up in one sentence. The funny thing is, they are both in the military. Yes, I have grown up in a military home. So this, of course, leads to always hearing about their latest problems at the base, promotions, missions, and obviously the government side of things whether it was legislative or law related, it was my childhood. 

Why Why WHY???

Why did I create this blog you ask? Well like I said I grew up in a strictly military home. Therefore I heard about the unfairness it brought yet how awesome it is to be able to say you have worked in that certain field. It really is all related. Government, Economics, The Law, Military, people, and being the president even. How so? Well the president is in charge of it all obviously, the government has to go by the law which then leads to people and what they can or cannot do. 
Moving on it always sparked inside of me to read into what was going on around the world since I was only getting a brief discussion of it at the dinner table. The most common things I saw were trials about men who hurt women, bombings where they do not plead the victim guilty, or even just general television like Judge Judy. The list goes on and on. I thought to myself how could this be possible? How could our world revolved to this? And at that moment my friends is when I realized I wanted to make this world fair and help people prove their innocence or help put people who belonged behind bars, behind them. Which soon lead to the idea of being a lawyer, because what better way to reward the privileged? 
So when this idea came about was the age where people started asking me what I wanted to be when I grew up and i would respond with "Well I actually want to be a lawyer" and I would receive this look of shock mixed with a you're crazy look. Not to worry that only made me want to accomplish my goal even more. 


Why Why Why The Blog?

We all know that becoming a lawyer is one of the hardest things one could do in a lifetime and no one can know everything about the law. There is so much to it. So back to my blog. This blog is to help future lawyers and law students like I have stated countless times. To try to make law school easier by gathering information, ideas, or shortcuts if you will from experienced Lawyers who have been there done that. If someone once told you that you can't do it, I am here to try to justify that! Until next time everyone!