Legal History: A Brief Overview

Mesopotamia 2350 BC: Urukagina’s Code 2050 BC: Ur-Nammu’s Code This code has never been discovered but it is mentioned in other documents as a consolidation of “ordinances” or laws laid down by Mesopotamian kings 2050 BC: Ur-Nammu’s Code Earliest known written legal code. Evidence shows it was supported by a legal system including specialized judges, the giving of testimony under oath, and the power of judges to order damages to be paid to a victim by the guilty party 1700 BC: Hammurabi’s Code This Babylonian king came to power in 1750 BC. Under his rule, a code of laws was developed and carved on a huge rock column. The expression “an eye for an eye” has come to symbolize the code’s underlying principle.

Beyond Mesopotamia 1300 BC: The Ten Commandments The Prophet Moses received a list of ten laws directly from God. Known as the Ten Commandments, they later became part of the Bible 1280 BC to 880 BC: The Laws of Manu A written compilation of legal rules which had been passed on from generation to generation. It formed the basis of the caste system in India, where people were classified by their social standing. Punishment only used as a last resort. Members of higher castes punished more severely than those of lower castes.

Greeks and Romans 621 BC: Draco’s Law 450 BC: The Twelve Tables Draco, a Greek citizen, was chosen to write a code of law for Athens. The code was so severe that the word “draconian” has come to mean unreasonably harsh 450 BC: The Twelve Tables These laws written to govern Romans are considered to form the foundation of much modern public and private law. Promoted the organization of public prosecution of crimes and instituted a system whereby injured parties could seek compensation from their aggressors. A basic principle is that the law must be written. Justice should not be left to judges alone to interpret 529: Justinian’s Code The Byzantine emperor Justinian is remembered for his codification of Roman law known as the Corpus Juris Civilis. Many legal maxims still in use today are derived from the code, which inspired the modern concept of justice.

Asia • 350 BC: The Chinese Code of Li K’vei The first Chinese imperial code of laws dealt with theft, robbery, prison, arrest and general rules. It served as a model for the T’ang Code • 604: The 17-Article Constitution of Japan Written by a Japanese prince regent, the Constitution shaped morality and law in Japan. One of its clauses said that “peace and harmony should be respected because they are very important for intergroup relations”. Shows emphasis of “Oriental law” which seeks to prevent disputes, whereas “Western law” seeks to resolve disputes. • 653: T’ang Code Listed crimes and their punishment in 501 articles, revising earlier Chinese codes and standardized procedures.

Medieval Europe • 1100: First Law School Started by Italian jurist Irnerius in Bologna. By 1150, it had over 10,000 students and contributed to the revival of the Corpus Juris and the spread of Roman law throughout Europe. • 1215: Magna Carta King John of England signed Magna Carta (the “great charter”), conceding a number of legal rights to his barons and to the people. The first time a king allowed that he could be compelled to observe a law or that the barons could question him. Has been called the “blueprint of English common law”.

Modern Legal Reforms . 1776: The American Declaration of Independence For the first time a government rebuked the medieval theory that certain people possessed by right the power to rule others. • 1804: Napoleonic Code A comprehensive code of law enshrining many victories obtained during the French Revolution, e.g. individual liberty, equality before the law and the lay character of the state. Inspired similar civil codes in the Canadian Province of Quebec (1865), Germany (1900) and Switzerland (1907).

Human Rights • 1864: The Geneva Convention Agreement designed to provide for minimal human rights in time of war, e.g. for protection of military medical personnel and for humane treatment of the wounded. • 1945-46: The Nuremberg War Crimes Trial A panel of eight judges tried Nazi officials for crimes against peace, crimes against humanity and war crimes, showing that even in time of war basic moral standards apply. • 1948: The Universal Declaration of Human Rights Proclaimed by the United Nations. Enshrines civil, political, economic, social and cultural rights.

Comparison Let’s compare two ancient legal codes: The Code of Hammurabi The 10 Commandments