Historical Roots of Law

The earliest laws… Existed in the form of “rules” from the time people began to interact Based on common sense or practicality Passed on by word of mouth As population grew became more complex Necessary to put laws in writing Commonalities across civilizations

Early Written Laws Great Laws of Manu—India, BCE. Compiled laws that had been passed orally Code of Lik’vei—China, 350 BCE. Included laws on theft, robbery, prison and arrest

Code of Hammurabi Hammurabi was the King of Babylon ( BCE) Codified the rules and penalties for every aspect of life Attributed his laws to the gods, who people feared and respected Reflected a male-dominated society Wealthy given more protection than the poor Clear hierarchy of power

If a son strikes his father, they shall cut off his hand Hammurabi’s laws were based on retribution NOT restitution.

RetributionRestitution Based on “an eye- for- an-eye” Based on vengeance and punishment Payment made by the offender to the victim of the crime Common in the event of damage or theft

Hammurabi: Made no distinction between accident and deliberate action Favoured the wealthy and powerful, who often went unpunished Often had excessive and cruel punishments Recognized that the strong should protect the weak Made it clear that people should not lie, especially at trial For the most part, many of his laws were reasonable and just.

Mosiac Law- (Judaism, Christianity and Islam) Also known as Biblical Law or Hebrew Law Includes the Ten Commandments Similar basic principles to Hammurabi yet somewhat more evolved Punish deliberate action, not accident More likely to punish guilty party Care for the poor was important

Greek Law First form of democracy was in Greece BUT… Only a small percentage of citizens had rights. Citizens expected to participate—voting, earliest jury system, Both sides could argue for a penalty and the jury decided

Roman Law Two basic principles: (1)law must be recorded and (2) justice could not be left in hands of judges alone Advances: public prosecution of crime, system of victim compensation, protection for lower classes from upper class abuse, a person could seek legal advice—the first legal advisors (Lawyers) Not so much….Women were still not even mentioned and had no status.

Justinian’s Code New body of law based on the old Roman Code Inspired the modern concept of justice One of the main systems to influence Western Civilization Elements still found in modern law today

Napoleonic Code Developed after French Revolution Also known as French Civil Code Popular—simple style made it accessible to the average person Regulated civil matters—property, wills, contracts, family law NOT A CRIMINAL CODE

Influences on Canadian Law British law has the most influence on Canadian practices.

Early British Law Trial by Ordeal- Torture to determine innocence. Trial by hot iron Trial by water (swimming a witch)

Trial by oath Helping Friends of the accused to swear on the Bible that he or she was innocent. Trial by Combat Determining guilt or innocence by having the parties duel

Feudal system William the conqueror 1066 invaded England. The battle of Hastings lasted only 10 hours. Divine right- monarchs and their successors were given their power to rule from God. Nobleman in charge of his own district and people.

Common Law Assizes: Travelling courts Circuit Judges: judges of the travelling courts Case Law: common decisions for similar cases. Stare decisis: Latin meaning to stand by the decision. Rule of precedent: applying a previous decision to a case that has similar circumstances.

Legal reforms 12 elderly men (for discussion- advisors) Judge (made the decision) Courts now handled the Law Downfall of kings power (questioned the divine right of the king.)

Magna Carta Signed by King John in June power back to the people Rule of Law: no one is above the law Habeas Corpus: “You must have the body” The person detained is charged before a court within a reasonable amount of time.

Aboriginal Law Strong Religious beliefs In 145- five nations came together to form the League of nations the constitution of Iroquois developed the Great binding Law- outlines the rights, duties and responsibilities of people.