Warm-up: Looking at the Code of Hammurabi handout: What can you conclude about society at that time? Who had the power? How do you know? What did most of the sections of the code deal with? Why?

The Early History of Law All About Law: Pgs. 10-12

Hammurabi Who was he? A famous King, ruled Babylonia (~now present day Iraq) about 3,800 years ago. Took ~292 laws and recorded them in a what that could be understood by his citizens. Labelled the “Code of Hammurabi” Most important and earliest records of written law Carved in columns of stone (pic on first slide) Written collection of country’s law, both used and understood Found in 1901, columns’ pic used in many gov’t buildings

Hammurabi Codification? The process of preparing a code, formalizing the laws of a jurisdiction by setting them out in a book of laws. Often broken down in sections (organized by topic) Importance? Allows for easy reference…all people can understand them (or interpret them)…allows for easier implementation and punishment… Example? Babylonian judges would match crimes to written laws and punish accordingly (Board note – links to Canada?)

Hammurabi Retribution? A deserved penalty or punishment for a wrong crime; vengeance; a sentencing objective Ex: for every crime there should be a deserved punishment (an “eye for an eye” or “the punishment fits the crime”) Severe crimes get punished more severely than minor crimes…why? Importance? Logical, fair, as a result people will not gamble with crime in hopes of light punishment.

Moses and Mosaic Law Mosaic – 1st five books of Old Testament…10 Commandments still have a place in Judaism/Christianity…Severe punishments (“death by stone”)…Said that laws were given by god. Hammurabi – Carved in columns of stone (clay tablets)…punishments based on retribution…laws no long in circulation…laws were from a religious basis.

Similarities? Some laws are very close to the same. For example, claim laws came from Hammurabi. Each recorded a comprehensive systems of laws and were unique to their time period Laws derived from a religious basis; “Babylonian God of Justice”

Moses and Mosaic Law Example? Law 22.1 Meaning? If a man steals, he has to pay back 4x what he took and he has to be sold (slaved) if he does not have the means to pay back what he has taken. Fair? Punishment deters stealing…not barbaric in its justice…

Moses and Mosaic Law Restitution? Offender required to repay victim for stolen goods rather than pay fine/get a jail term Become far more common in Canadian Law more recently Why? Is this good or bad? Why?

Roman Law Significance? Became the basis for law in Western Europe, not England, and with growth in empires, laws increased and became more complex. As a result, the Romans created a “profession” related to studying/recording the law Our first instance of seeing “lawyers” as a profession ~100 CE, Roman Empire began to grow and spread; laws started to influence many, if not all, European countries

Roman Law Similarities and Differences? The predominate similarity was the intention of laws to be fair and just, leading to equity for all Major differences? More complex: needed profession, reign over a widespread area (majority of Europe), all people equal under the law.

French Civil Code French Civil Code? Napoleon Bonaparte revised French law based on Roman Law and the Justinian Code. This emphasized equity and justice for all. After conquering, laws became a model for many European countries. (Today – still the basis for law in many modern, democratic countries). Quebec’s Civil Law is based on the Napoleonic Code.

Comprehensive statement of rules, framed as broad general principles Napoleon and the Code: (Ruled from the early 1800s for approx. 15 yrs.) Battle of Quebec (1759) left all but Quebec in English hands…Civil Law in Quebec is associated with the Civil Code. Comprehensive statement of rules, framed as broad general principles 1st look to the code, then look to previous decisions for consistency when deciding cases.

Extension Activity: Read the short excerpt on “Precedent” on Pg. 14 of All About Law Come up with a list of five (5) laws (or by-laws) we abide by, that you think changed, based on the idea of precedent. For example: We no longer use the laws of the road(s) relating to the speeds at which horses and buggies travelled. We have changed those laws in relation to previous cases.

For Next Class: In preparation for tomorrow’s class, read Pgs. 17-18 in All About Law You do not need to write anything down or record any of the information.