1. Historical Roots of Law

2. Law and Civilizations
Laws in the form of community enforced rules have existed since people began to interact
Most were based on common sense and passed on by word of mouth
As populations grew and laws became more complex, the need to record laws in writing increased

3. Code of Hammurabi (1792 – 1750 BCE)
One of the earliest known sets of recorded laws, written by King Hammurabi of Babylon (city in present-day Iraq)
He codified, or recorded, the rules and penalties for every aspect of Babylonian life

4. Code of Hammurabi (1792 – 1750 BCE)
Laws reflected a patriarchal, male dominated society
Higher members of society would be punished, however women or slaves would actually receive retribution
Gods, King, male nobles, wives and children, poor and slaves at the bottom
No distinction was made between an accident and a deliberate action

5. Code of Hammurabi (1792 – 1750 BCE)
Many of the laws were based on retribution – an eye for an eye type of justice
Other laws focused on restitution, meaning a compensation payment would be made to the victim

7. Examples If he break another man’s bone, his bone shall be broken
If a man put out the eye of another man, his eye shall be put out (an eye for an eye)

8. Mosaic Law (c BCE)
One of the greatest influence of modern law in Canada is biblical law
Also know as Hebrew law or Mosaic Law these laws are often referred to as the Ten Commandments
Recorded in the Book of Exodus

9. Mosaic Law (c BCE)
Basic principles are similar to the Code of Hammurabi yet the laws had evolved
Law was more concerned with punishing deliberate actions instead of accidental acts of harm
Law was focused on punishing guilty party (regardless of their high status)

10. Mosaic Law
It was forbidden to commit murder, adultery, and theft, and to worship other gods
Focused on respecting parents
Thou shalt not kill, Thou shalt not steal

11. Greek Law (c. 400 BCE) First form of democracy was born in Greece
Greek law promoted citizen involvement in running the country
Voting and Jury Duty were both major responsibilities for citizens
Sentencing was also democratic

12. Citizenship excluded women, children, aliens, and slaves
Large juries (largest 6000 members)
Later they were limited to 101, 501, 1001
Famous example: Socrates

13. Roman Law (c. 450 BCE – 100 CE)
There were two basic principles to Roman Law:
The Law must be recorded
Justice could not be left of the hands of judges alone to interpret

14. Roman Law (c. 450 BCE – 100 CE)
Roman Laws were codified and could be revised when necessary
The Twelve Tablets dictated the law of England and is considered the foundation for modern law
The practice of having a legal advisor who specializes in law first occurred

15. Roman Law (c. 450 BCE – 100 CE) The Twelve Tablets Promoted:
Public Prosecution of crimes
A system of victim compensation
Protected lower classes from the ruling class
Women however were not mentioned because they were not considered persons

16. How do we apply this today?
Accused should seek legal advice (advisor is from Roman times)
Lawyers
Revision of laws

17. Justinian’s Code (527 - 565 CE)
Byzantine Emperor Justinian I commissioned the clarification and organization of Roman law
A new body of law was completed known as Justinian’s Code
It formed the basis for civil law
The word justice is derived from his name
Basis for Civil and Criminal law
Still find influence in France

18. The Napoleonic Code (1804)
French Revolution took place 1200 years after Justinian’s rule
Napoleon Bonaparte gained control of France
The Napoleonic Code’s non-technical style made laws accessible to the public
Also known as the French Civil Code (easier to understand)
Regulated civil matters such as property, wills, contracts, and family law

19. Key Definitions
Codified – Laws that are arranged and recorded systematically
Retribution – Justice based on vengeance and punishment
Restitution – Payment made by the offender to the victim of a crime