Historical Roots of Law

Law and Civilizations Laws in the form of community enforced rules have existed since people began to interact Most were based on common sense and passed on by word of mouth As populations grew and laws became more complex, the need to record laws in writing increased

Code of Hammurabi (1792 – 1750 BCE) One of the earliest known sets of recorded laws, written by King Hammurabi of Babylon (city in present-day Iraq) He codified, or recorded, the rules and penalties for every aspect of Babylonian life

Code of Hammurabi (1792 – 1750 BCE) Laws reflected a patriarchal, male dominated society Higher members of society would be punished, however women or slaves would actually receive retribution Gods, King, male nobles, wives and children, poor and slaves at the bottom No distinction was made between an accident and a deliberate action

Code of Hammurabi (1792 – 1750 BCE) Many of the laws were based on retribution – an eye for an eye type of justice Other laws focused on restitution, meaning a compensation payment would be made to the victim

Examples If he break another man’s bone, his bone shall be broken If a man put out the eye of another man, his eye shall be put out (an eye for an eye)

Mosaic Law (c. 1250 BCE) One of the greatest influence of modern law in Canada is biblical law Also know as Hebrew law or Mosaic Law these laws are often referred to as the Ten Commandments Recorded in the Book of Exodus

Mosaic Law (c. 1250 BCE) Basic principles are similar to the Code of Hammurabi yet the laws had evolved Law was more concerned with punishing deliberate actions instead of accidental acts of harm Law was focused on punishing guilty party (regardless of their high status)

Mosaic Law It was forbidden to commit murder, adultery, and theft, and to worship other gods Focused on respecting parents Thou shalt not kill, Thou shalt not steal

Greek Law (c. 400 BCE) First form of democracy was born in Greece Greek law promoted citizen involvement in running the country Voting and Jury Duty were both major responsibilities for citizens Sentencing was also democratic

Citizenship excluded women, children, aliens, and slaves Large juries (largest 6000 members) Later they were limited to 101, 501, 1001 Famous example: Socrates

Roman Law (c. 450 BCE – 100 CE) There were two basic principles to Roman Law: The Law must be recorded Justice could not be left of the hands of judges alone to interpret

Roman Law (c. 450 BCE – 100 CE) Roman Laws were codified and could be revised when necessary The Twelve Tablets dictated the law of England and is considered the foundation for modern law The practice of having a legal advisor who specializes in law first occurred

Roman Law (c. 450 BCE – 100 CE) The Twelve Tablets Promoted: Public Prosecution of crimes A system of victim compensation Protected lower classes from the ruling class Women however were not mentioned because they were not considered persons

How do we apply this today? Accused should seek legal advice (advisor is from Roman times) Lawyers Revision of laws

Justinian’s Code (527 - 565 CE) Byzantine Emperor Justinian I commissioned the clarification and organization of Roman law A new body of law was completed known as Justinian’s Code It formed the basis for civil law The word justice is derived from his name Basis for Civil and Criminal law Still find influence in France

The Napoleonic Code (1804) French Revolution took place 1200 years after Justinian’s rule Napoleon Bonaparte gained control of France The Napoleonic Code’s non-technical style made laws accessible to the public Also known as the French Civil Code (easier to understand) Regulated civil matters such as property, wills, contracts, and family law

Key Definitions Codified – Laws that are arranged and recorded systematically Retribution – Justice based on vengeance and punishment Restitution – Payment made by the offender to the victim of a crime