1. Early History of Codified Law
Code of Hammurabi
Mosaic Law
Justinian Code
Greek

2. Early History of Codified Law
Code of Hammurabi
Earliest
Literally carved in stone
Categorisation: family, criminal, labour, property, trade, business.
Retribution
Established system of judges

3. Early History of Codified Law
Mosaic Law
First give books of Old Testament, Ten Commandments
Literally carved in stone
Corporal/capital punishment
Retribution

4. Early History of Codified Law
Justinian Code
Became basis for Western law traditions
Established profession of experts
Equity
Lives on in Napoleonic (French Civil) Code

5. Early History of Codified Law
Greek
responsible for 4 main types of law:
1. Tort Law
2. Public Law
3. Procedural
4. Family
creating the legal process trials, convictions, and sentencing

6. Foundations of Canadian Law
Two of three founding nations of Canada
France- Napoleonic/French Civil Code
England- Common Law

7. Foundations of Canadian Law
French Civil Code
Private Law, based on Roman Law of Emperor Justinian
1 book
Associated with “Civil Code” & “Justinian Code”
Contains almost all private law
Major influence Quebec Law- permitted in Proclamation 1770/Quebec Act 1774
Distinct from English Common Law
Scattered in books, statutes, proclamations
The development of Roman law covers more than one thousand years from the law of the twelve tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around 530).
Roman law as preserved in Justinian's codes became the basis of legal practice in the Byzantine Empire and—later—in continental Europe.
Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century.
In some countries like Germany the practical application of Roman law lasted even longer. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. This is especially true in the field of private law. Even the English and North American Common law owes some debt to Roman law although Roman law exercised much less influence on the English legal system than on the legal systems of the continent.
The influence of Roman law is shown by the wealth of legal terminology, retained by all legal systems, like stare decisis, culpa in contrahendo[1] or pacta sunt servanda.

8. Foundations of Canadian Law
English Common Law
“Judge-made law”
Founded in feudal England
Judges traveled from town to town & applied the law similarly in similar cases
Known as: “Rule of Precedent”
“Stare Decisis” – to stand by previous decision
Established impartial & standard law
Judges rulings recorded – creating Case Law, which was applied in future similar legal cases
*King always maintained veto

9. Foundations of Canadian Law
English Common Law Evolution (I)
King
Lords Barons
(Sole Judges of law) Judges
English Common Law
(Judges met (assizes) to increase consistency)

10. Foundations of Canadian Law
English Common Law Evolution (II)
Rule of Law
Equality
No restrictions without reason
Legal rights could not be changed without consent (of the people, where true power lay)
Habeas corpus