Lecture Notes for Business Law, 10th Edition

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1“Where there is no law, there is no freedom.”John LockeI.Teacher to Teacher DialogueOne of the most common dilemmas facing instructors of business law is the issue of topicchoice.By the very nature of the subjects we teach, the breadth of materials is so wide thatchoosing what to focus on in the limited classroom time we have with our students can be a mostdaunting task.This problem is especially exacerbated when the topics we are dealing with are allof deep interest and can stand alone as separate courses.In this chapter, for example, we are asked to introduce students to topics ranging from thedefinitions and purposes of law to how our system affects business decisions, to some of the mostimportant provisions found in the U.S. Constitution.Any one of these subparts can provide theraw materials for an entire course at the law school level.Our job must start with a self-evident,but sometimes forgotten, point:this isnotlaw school.We are here not to train future lawyers butrather students who need to know enough about these issues to recognize that theyareissues.Thetechnical legal problems they may be facing later will ultimately need to be resolved using lawand other practitioners.The plus side of this dilemma is that because we have such a diverse menu to select from,we are able to pick and choose our areas of emphasis.For example, if your particular teachingand research interests lie in the area of ethics and the schools of jurisprudential thought fromwhich they are derived, then by all means,runwith it!Rather than trying to be all things to allpeople, it is better to focus your efforts on your strengths.This does not mean that you canshortchange the other material.All key objectives of the chapter should be fully outlined andincorporated in both your lecture and materials outline.But if you have a particular interest andexpertise in, for example, the Law and Economics School of jurisprudential thought, then usethem as focal points of comparison in the evolutionary process that seeks to distinguish the olderschools of jurisprudence from newer approaches to these issues.In any event, remember thatphilosophical studies of what law is and what its role is in the larger scheme of things havealways posed questions virtually impossible to answer.As mentioned in the student study guide,this chapter represents attempts by great thinkers to answer the unanswerable.It would be far toopresumptuous for us to think that we can teach, in a few hours, what the great philosophers of theworld have tried to do over hundreds of years.Perhaps this is an early lesson in what wisdom isreally all about:the more we know of history, the more we know of our own limitations.If wecan get that point across, the course is off to a good start.LEGALHERITAGEAND THEDIGITALAGE1

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