Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek

Early History of Codified Law Code of Hammurabi Earliest Literally carved in stone Categorisation: family, criminal, labour, property, trade, business. Retribution Established system of judges

Early History of Codified Law Mosaic Law First give books of Old Testament, Ten Commandments Literally carved in stone Corporal/capital punishment Retribution

Early History of Codified Law Justinian Code Became basis for Western law traditions Established profession of experts Equity Lives on in Napoleonic (French Civil) Code

Early History of Codified Law Greek responsible for 4 main types of law: 1. Tort Law 2. Public Law 3. Procedural 4. Family creating the legal process trials, convictions, and sentencing

Foundations of Canadian Law Two of three founding nations of Canada France- Napoleonic/French Civil Code England- Common Law

Foundations of Canadian Law French Civil Code Private Law, based on Roman Law of Emperor Justinian 1 book Associated with “Civil Code” & “Justinian Code” Contains almost all private law Major influence Quebec Law- permitted in Proclamation 1770/Quebec Act 1774 Distinct from English Common Law Scattered in books, statutes, proclamations The development of Roman law covers more than one thousand years from the law of the twelve tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around 530). Roman law as preserved in Justinian's codes became the basis of legal practice in the Byzantine Empire and—later—in continental Europe. Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. In some countries like Germany the practical application of Roman law lasted even longer. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. This is especially true in the field of private law. Even the English and North American Common law owes some debt to Roman law although Roman law exercised much less influence on the English legal system than on the legal systems of the continent. The influence of Roman law is shown by the wealth of legal terminology, retained by all legal systems, like stare decisis, culpa in contrahendo[1] or pacta sunt servanda.

Foundations of Canadian Law English Common Law “Judge-made law” Founded in feudal England Judges traveled from town to town & applied the law similarly in similar cases Known as: “Rule of Precedent” “Stare Decisis” – to stand by previous decision Established impartial & standard law Judges rulings recorded – creating Case Law, which was applied in future similar legal cases *King always maintained veto

Foundations of Canadian Law English Common Law Evolution (I) King Lords Barons (Sole Judges of law) Judges English Common Law (Judges met (assizes) to increase consistency)

Foundations of Canadian Law English Common Law Evolution (II) Rule of Law Equality No restrictions without reason Legal rights could not be changed without consent (of the people, where true power lay) Habeas corpus