Mr. Menla CLN4U

Laws are commonly found in numerous civilizations throughout the world They eventually were enforced through word of mouth, but because of increased contact and advancement in technology – laws become more complex and so they needed to be codified (written) Many of the ancient laws that were once practiced helped shape Canada’s present legal system Great Laws of ManuCode of Li K’vei These were laws that were established in India and were passed orally from one generation to the next These were established in China They were written and dealt with issues relating with theft, robbery, prison and arrest

RestitutionRetribution Restitution: Punishment which requires offender to pay the victim or society back for harm or loss caused by crime (Def.) E.g. Community Service Retribution: Punishing an offender for revenge or to satisfy public that offender has paid for crime (Def.) E.g.: Capital Punishment or life imprisonment

Impact on Canadian System Perjury is outlawed Perjury: The offense of willfully telling an untruth in a court after having taken an oath or affirmation (Def.)

When King William came to Power in England in 1066, he declared himself as, “The Law” and had absolute power using the concept of Divine Right Divine Right: Monarchs and their successors derived their power to rule from God and were accountable only to God. Hence, they were above the law (Def.) William instituted a system of land ownership, known as Feudal System 1. This divided England into districts of lands, which had different districts being controlled by different Noblemen 2. Everything within that district (land, citizens, animals, peasants) belonged to the respected Nobleman 3. Each Noblemen judged and sentenced only those under his district authority 4. Some Noblemen were fair and reasonable - while others were harsh and unjust  Penalties for similar offences naturally differed from village to village 5. There were: 1) No rules of evidence and 2) No thought of the rights of accused By 12 th century, peasants rose up against these irregular treatments and so King Henry II reduced power of Monarchy, which lead to establishment of current laws

As time went on during and following the Feudal Age, Judges began to notice similarities with regards to legal problems they encountered They agreed that similar cases should face similar consequences This led for Case Law to be established Case Law: A method of deciding cases, based on recorded decisions of similar cases (Def.) E.g.: All convicted murders should face the death penalty and all thieves should face imprisonment Case Laws were then eventually passed and were accepted as Common Law Common Law: It developed in English courts. It relies on case laws and is common to all people (Def.) Public found law established to be genuine and fair

Common law allowed for Rule of Precedent and Stare Decisis (To Stand by Decision) to be established and practiced amongst all Judges in England Rule of Precedent: Applying a previous decision to a case that has similar circumstances (E.g. Any Murderer should face automatic death sentence) (Def.) Stare Decisis: It required all Judges to stand, support and apply any decision that has been made by a previous Judge regarding a similar situation (Def.)

Since Judges began to take a leading role in establishing laws for all sorts of cases, the citizens began to question the monarchy’s “Divine Rights” The Barons of England brought a document to John, which forced him to accept it In 1215, King John signed Magna Carta, which limited the power of the Monarchy. This helped establish: 1. Individual basic right 2. It recognized Rule of Law 3. Habeas Corpus (You Must Have the Body) Rule of Law: It gave everyone (including monarchs) equity before the law (Def.) Habeaus Corpus: It is a court order that is designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable time (Def.) It is a basic component of the Magna Carta Its purpose is to secure the release of people who are unlawfully imprisoned This historic right is so fundamental, that it is found in Canada’s current Charter of Rights The Magna Carta was also called, “The Great Charter”

The 13th century saw the rise of English ‘parliament’ (“talking together”) Not formalized - rubber stamp for king, but opportunity for barons CONSULTATION - roots of rule by the people 1689, parliament passes Bill of Rights Institution for the people Informs Canadian Charter

Those governed in 400 BCE in the Roman Empire and parts of North Africa Their main features consist of: 1. Formed the Catholic Church 2. Just War theory: A. War is morally justifiable based on set criteria B. differentiated between initiation & conduct in-war C. Defensive purposes, restore peace Significance of Laws: 1. Religious emphasis From the 11th century onward, it had an enormous impact on the height of Medieval Europe 2. All people sin, need relationship with God

Impact on Canadian System: The mixing of church and state This argued that education was means to an end. This being God Up to the 18th century, schools were all religiously affiliated in Canada Usually Catholicism was practiced in schools Quebec Unusually Protestantism was practiced in schools in Ontario and the rest of Canada

➔ Magna Carta (Video) Magna Carta ➔ Pg. 30. – Q.2-4