1. Historical Roots of Law

2. 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

3. 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

4. Code of Hammurabi First Published Set of Laws.
Publishing meant laws were more dependable, thus more fair.
ALL were accountable to them… even Hammurabi

5. Code of Hammurabi Hammurabi was the King of Babylon (1792-1750 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

6. Retribution
Restitution
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

7. For the most part, many of his laws were reasonable and just.
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.

8. Mosiac Law 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

9. 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

10. 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
….Women were still not even mentioned and had no status.

11. 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

12. Napoleonic Code--1804 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