THE HISTORICAL ORIGINS OF LAW: Our Legal Heritage Grade 11 Law

Code of Hammurabi ca. 1795 – 1750 BC -- Babylonia laws reflected a patriarchal society wealthy given more protection than the poor Hierarchy of Society looked like this: GODS KING MALE NOBLES WIVES & CHILDREN OF MALE NOBLES POOR AND SLAVES

An inscription of the Code of Hammurabi The upper part of a stele depicting the Code of Hammurabi The laws were written on a stone tablet more than six feet tall that was found in 1901

Legal Significance Hammurabi’s Code was one of the first written codes of law in recorded history laws based both on retribution and restitution, but mostly on retribution Retribution= ‘Eye for an eye’ justice based on vengeance For example: “If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.” Restitution= repayment to a victim for harmful actions For example: “Any one who opens his ditches to water his crop, but is careless, and the water floods the field of his neighbor, then he shall pay his neighbor corn for his loss.”

Mosaic Law (about 1250 BCE) The laws of Moses AKA biblical law or Hebrew law from the Book of Exodus the Ten Commandments more concerned with punishing a deliberate action than an accidental act of harm more likely to punish the guilty party than permit a person of high status to shift punishment to a person of lesser status care for the poor was expressed both the Code of Hammurabi and the Mosaic Law show the importance of respect for the parents

The Ten Commandments Moses by Michelangelo

Legal Significance One of the greatest influences on our law and society Sample Laws: “If a man steals an ox or a sheep and kills it or sells it, he shall restore five oxen for an ox and four sheep for a sheep” “If a thief is found breaking in and be smitten that he die, there shall be no blood shed for him.”

Greek Law (around 400 BCE) Only a small number of people in ancient Greece (Athens) were recognized as citizens and had political rights citizens excluded women, children, aliens and slaves Women who were on trial were not allowed to speak for themselves responsibilities of the citizen included voting, jury duty and the running of the country our jury system can be traced to Athens, though they originally had as many as 1501 jurors

The Trial of Socrates The trial of Socrates took place over a nine-to-ten hour period in the People's Court, located in the agora, the civic center of Athens.  The jury consisted of 500 male citizens over the age of thirty, chosen by lot from among volunteers.  Athens used very large numbers of jurors, from 500 to as many as 1501, in part as a protection against bribes: who could afford to bribe 500 people?  All jurors were required to swear by the gods of Zeus, Apollo, and Demeter the Heliastic Oath:  "I will cast my vote in consonance with the laws and decrees passed by the Assembly and by the Council, but, if there is no law, in consonance with my sense of what is most just, without favor or enmity.  I will vote only on the matters raised in the charge, and I will listen impartially to the accusers and defenders alike." 

The Death of Socrates - Jacques-Louis David (1787)

Legal Significance Emphasis on citizen involvement in law making and enforcement (elections and juries) Origins of the concept of juries; of the rights of the accused to be tried by his/her peers

Roman Law Roman law is based on two basic principles: (1) the law must be recorded (2) justice cannot be left in the hands of judges alone to interpret the Twelve Tablets of Roman Law are now considered the foundation of modern law A Roman Soldier trumpets the arrival of the new laws. Note the tools that identify the workers and the woman who is calling to others to come and see the laws.

Roman Law Continued laws reflected a patriarchal society - women had no status as persons because the Roman Empire had spread into a large sophisticated and complex society laws increased – as laws increased so did the need to have people who were experts in the field of law to advise those who were not = LAWYERS

Legal Significance Emphasis on public prosecution of crimes Origins of idea that citizens should be represented by an expert of law – trained lawyers Tremendous influence on most modern legal codes

Justinian’s Code 527-565 A.D. after 395 CE the Roman Empire was split into the Byzantine Empire and the Western Roman Empire Byzantine Emperor Justinian commissioned ten men to study and clarify the 1600 books of Roman Law the Justinian Code served as an important basis for law in contemporary society

Legal Significance The term ‘justice’ is derived from Justinian’s name Formed the basis of civil law (laws governing personal relationships) which, along with criminal law, became one of the main legal systems to govern western civilization

France and the Napoleonic Code The Napoleonic Empire in 1812 “I closed the gulf of anarchy and brought order out of chaos. I rewarded merit regardless of birth or wealth, wherever I found it. I abolished feudalism and restored equality to all regardless of religion and before the law. I fought the decrepit monarchies of the Old Regime because the alternative was the destruction of all this. I purified the Revolution."                                         -Napoleon Bonaparte

France and the Napoleonic Code Napoleon commissioned a new code of laws called the Napoleonic Code, also known as the French Civil Code these laws represented a compromise between the Germanic law of northern France and the Justinian Code of Southern France this law became popular because its non-technical style made the law accessible to the public NAPOLEON THE LAWMAKER Painting by Jean-Baptiste Mauzaisse

One of the carvings around the walls of Napoleon’s tomb - Napoleon is shown with the Justinian code in his right hand and the Napoleonic code in his left

Legal Significance END The Napoleonic Code served as the prototype for subsequent codes during the nineteenth century in twenty-four countries; the province of Québec and the state of Louisiana have derived a substantial portion of their laws from it. The Code, is regarded as the first modern counterpart to ROMAN LAW, and is currently in effect in France in an amended form END