peer responses 2 1 discussion foundations of law

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VERY SHORT RESPONSES NO PROBLEM

In this discussion, identify a U.S. (federal or state) law. What historical precedents exist for this law? How is this law an example of the rule of law and common law?

Explain how this law shows a connection between religion, morality, and ethics.

Respond to the posts of at least two peers. In your response to peers, consider how the law has changed or evolved throughout history.

What do you think influenced these changes? Can you point to a shift in religious beliefs, changing morals, or something else?

To complete this assignment, review the Discussion Rubric document.

PEER 1

The Fair Labor Standards Act sets the standard of age at which persons can begin to work and the restrictions employers have on minors. This act was important to the education of children because many were leaving schools in order to start work before the age of 16 (U. S. Department of Labor, n.d.). The truancy laws in the 19thand 20th century was less effective, and many children were still working dangerous jobs in factories. The truancy laws in states were the first laws to prioritize education over work but the practice can be linked to ancient Judea. Home education was encouraged by Jewish leaders and later Christian leaders to ensure children could read their religious texts (FindLaw Writers, n.d.). Religious leaders wanted children to learn morality from their religion. The laws came after the expectations that children would attend private schools that were often run by churches and parents could be fined and stripped of parental rights when children (FindLaw Writers, n.d.). Later, the push for education over dangerous work was the ethical decision over early deaths for children and being paid unfair wages in comparison to adults with the same responsibilities (U. S. Department of Labor, n.d.).

Resources:

FindLaw writers. (n.d.). Compulsory Education Laws: Background. Retrieved from https://education.findlaw.com/education-options/compulsory-education-laws-background.html

U.S. Department of Labor. (n.d.). Youth & Labor. Retrieved from https://www.dol.gov/general/topic/youthlabor

PEER 2

Massachusetts is a state that its laws are a derivative of common law. I chose to look at Massachusetts General Law Chapter 207 Section 14 the Determination of validity regarding marriage. This law addresses the issue of a legal marriage and annulment. The law states, “If the validity of a marriage is doubted, either party may institute an action for annulling such marriage, or if it is denied or doubted by either party, the other party may institute an action for affirming the marriage.” (Commonwealth of Massachusetts, n.d.) This law is historical in that in most states, marriage was handled by the church in common law. When you had a marriage problem, you went to the court of your religion and seek a resolution. Most states would handle criminal law and would not intervene with marriage issues. Laws like this one have recently been heavily debated as to the separation from religion and government especially when it has come to same sex marriage. Many people believe that government should not be involved and from the research I have seen regarding the issues, it was the intention of past generations to not have the government involved.

This law, like many of its nature, have a direct connection between religion, morality and ethics. Considering someone’s moral beliefs, cultures or religious practices directly affects someone’s view of law. Having government involved in enacting laws and not accounting for these elements is detrimental to society and causes great divides. As referenced in this module reading, Israel is still a country that separates family law and criminal law.

 
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