CHAPTER 1: LAW, LEGAL REASONING, AND THE LEGAL
PROFESSION
LECTURE OUTLINE
1. Discuss the “crack baby” case that opens this chapter. Students are likely to form
strong opinions on how it should be decided. It provides an interesting vehicle for
discussing the functions of law, legal interpretation, and legal jurisprudence.
a. Have your students identify the various functions of the law and then
discuss which specific functions are furthered by this Florida statute. The
rule prohibiting the delivery of controlled substances to minors establishes
certain standards of conduct in an attempt to maintain order and, perhaps,
keep the peace.
b. In the context of legal interpretation, the state was able to avoid a debate
over the word “minor” by claiming the child received cocaine through the
umbilical cord after she was expelled from the birth canal but before the
cord was severed. However, the court still needed to interpret the word
"delivery." If the plain meaning of the word “delivery” did not encompass
this situation, Jennifer should be found not guilty. However, it is not certain
if the plain meaning of the word "delivery" applies to facts of this particular
case. This might compel the court to use other methods of legal
interpretation. After reviewing the statute’s legislative history the court
discovered that the legislature considered and rejected a specific statutory
provision authorizing criminal penalties against mothers for delivering
drug-infected children. Thus, it concluded that the legislature did not intend
for the statute to authorize prosecutions of pregnant drug users. Finally, the
court looked at public policy. The court feared that criminal prosecution of
mothers like Jennifer Johnson would interfere with the public policy of
keeping families intact. By incarcerating Jennifer, the state could destroy the
family. A court might also suspect that punishing her could induce pregnant
crack addicts to abort their fetuses. Of course, another court might believe
that the public policy of discouraging drug use requires that the statute be
interpreted broadly.
c. What do your students think of courts who do look at intent and public
policy? Use this as a lead-in for a discussion of legal jurisprudence.
,d. You might again refer to this chapter opener when you discuss the
difference between criminal law and civil law. Make certain that the students
understand that this is a criminal law case—the state versus Johnson. While
a civil case involving the child suing her mother for pre-birth neglect is
theoretically possible, most states would prohibit such an action.
,2. Question students about their definitions of “law.” Make certain they understand the
importance of law in all aspects of our lives.
Discuss the various functions that law serves in society. You might do this by having
the students identify some of them.
a. Discuss the conflicts that arise between and among the various functions of
law. For example, there often are conflicts between the goals of individual
freedom and achieving social justice. You might wish to discuss the sodomy
case (Lawrence v. Texas) in this light. Note the problems that arise when
there is no clear consensus on what is just.
b. Ask the students if they think that law ever is “over used.” They are likely to
cite numerous examples. For instance, this might be a time to talk about the
product liability cases that are regularly in the headlines. Perhaps the case
involving the woman who burned herself with coffee from McDonalds would
be appropriate here.
c. Have the students discuss what it means to have the law maintain order. You
might ask students if maintaining order means maintaining the status quo.
This can lead to a discussion of legal realism and views that law is used by
those in power to retain their power.
4. There is a tendency for people to think of law as imposing duties without
considering how it establishes and preserves rights. Talk about how our system
tries to match rights with corresponding duties.
a. Explain how the duties, rights, and privileges make up substantive law.
b. Explain that procedural law provides the framework within which
substantive laws are created and enforced. Point out that Chapters 2 and 4
offer a more detailed discussion of procedural law.
, 5. Ask the students to think of an example of a duty imposed by substantive law that
might violate some moral or ethical belief. This might be a good time to talk about
the various schools of legal jurisprudence. Have them speculate how a legal
positivist would differ from a legal sociologist or natural law theorist in handling
such situations.
Yahoo! v. La Ligue Contre Le Racism et L’Antisemitisme
A U.S. corporation was ordered by a French court to stop carrying on activities in the U.S.
that violated French law but were permitted by the U.S. Constitution. The U.S. federal
district court issues a declaratory judgment holding the French order unconstitutional in
the United States.
PROFESSION
LECTURE OUTLINE
1. Discuss the “crack baby” case that opens this chapter. Students are likely to form
strong opinions on how it should be decided. It provides an interesting vehicle for
discussing the functions of law, legal interpretation, and legal jurisprudence.
a. Have your students identify the various functions of the law and then
discuss which specific functions are furthered by this Florida statute. The
rule prohibiting the delivery of controlled substances to minors establishes
certain standards of conduct in an attempt to maintain order and, perhaps,
keep the peace.
b. In the context of legal interpretation, the state was able to avoid a debate
over the word “minor” by claiming the child received cocaine through the
umbilical cord after she was expelled from the birth canal but before the
cord was severed. However, the court still needed to interpret the word
"delivery." If the plain meaning of the word “delivery” did not encompass
this situation, Jennifer should be found not guilty. However, it is not certain
if the plain meaning of the word "delivery" applies to facts of this particular
case. This might compel the court to use other methods of legal
interpretation. After reviewing the statute’s legislative history the court
discovered that the legislature considered and rejected a specific statutory
provision authorizing criminal penalties against mothers for delivering
drug-infected children. Thus, it concluded that the legislature did not intend
for the statute to authorize prosecutions of pregnant drug users. Finally, the
court looked at public policy. The court feared that criminal prosecution of
mothers like Jennifer Johnson would interfere with the public policy of
keeping families intact. By incarcerating Jennifer, the state could destroy the
family. A court might also suspect that punishing her could induce pregnant
crack addicts to abort their fetuses. Of course, another court might believe
that the public policy of discouraging drug use requires that the statute be
interpreted broadly.
c. What do your students think of courts who do look at intent and public
policy? Use this as a lead-in for a discussion of legal jurisprudence.
,d. You might again refer to this chapter opener when you discuss the
difference between criminal law and civil law. Make certain that the students
understand that this is a criminal law case—the state versus Johnson. While
a civil case involving the child suing her mother for pre-birth neglect is
theoretically possible, most states would prohibit such an action.
,2. Question students about their definitions of “law.” Make certain they understand the
importance of law in all aspects of our lives.
Discuss the various functions that law serves in society. You might do this by having
the students identify some of them.
a. Discuss the conflicts that arise between and among the various functions of
law. For example, there often are conflicts between the goals of individual
freedom and achieving social justice. You might wish to discuss the sodomy
case (Lawrence v. Texas) in this light. Note the problems that arise when
there is no clear consensus on what is just.
b. Ask the students if they think that law ever is “over used.” They are likely to
cite numerous examples. For instance, this might be a time to talk about the
product liability cases that are regularly in the headlines. Perhaps the case
involving the woman who burned herself with coffee from McDonalds would
be appropriate here.
c. Have the students discuss what it means to have the law maintain order. You
might ask students if maintaining order means maintaining the status quo.
This can lead to a discussion of legal realism and views that law is used by
those in power to retain their power.
4. There is a tendency for people to think of law as imposing duties without
considering how it establishes and preserves rights. Talk about how our system
tries to match rights with corresponding duties.
a. Explain how the duties, rights, and privileges make up substantive law.
b. Explain that procedural law provides the framework within which
substantive laws are created and enforced. Point out that Chapters 2 and 4
offer a more detailed discussion of procedural law.
, 5. Ask the students to think of an example of a duty imposed by substantive law that
might violate some moral or ethical belief. This might be a good time to talk about
the various schools of legal jurisprudence. Have them speculate how a legal
positivist would differ from a legal sociologist or natural law theorist in handling
such situations.
Yahoo! v. La Ligue Contre Le Racism et L’Antisemitisme
A U.S. corporation was ordered by a French court to stop carrying on activities in the U.S.
that violated French law but were permitted by the U.S. Constitution. The U.S. federal
district court issues a declaratory judgment holding the French order unconstitutional in
the United States.
