1. The Early History of Law

2. Evolution of Canadian Law Local customs and beliefs were law * based on common sense * passed on to future generations by word of mouth. 1760 BC - Code of Hammurabi Mosaic Law- (First 5 books of the Old Testament) Roman Law – Western Europe including France Introduced legal profession of lawyers Justinian Code (534 C.E.) Byzantine Emperor Justinian codified 1000 years of Roman Laws Napoleonic Code (1804) England – King William Feudalism (1066) Precedents  English Common Law Case Law Magna Carta 1215 -Established the Rule of Law 1265 – First Parliament 1689 – Bill of Rights Canadian Law

3. Code of Hammurabi 1760 B.C.

4. Code of Hammurabi One of the earliest records of written laws One of the earliest records of written laws Famous King who ruled Babylonia (now Iraq) Famous King who ruled Babylonia (now Iraq) Took 300 laws and recorded them Took 300 laws and recorded them Unearthed in 1901 in Susa, Iran. Unearthed in 1901 in Susa, Iran.

5. Code of Hammurabi Code organized laws according to headings such as: Code organized laws according to headings such as:  Family * Property Family * Property  Criminal * Trade & Business Business   Labour

6. Code of Hammurabi Judges used to decide punishments Judges used to decide punishments Crimes punishable by death required a panel of judges Crimes punishable by death required a panel of judges

7. Code of Hammurabi Followed the following principles: Strong should not injure the weak R Retribution – “an eye for an eye, a tooth for a tooth.”

8. Excerpts from the Code 3. If a man has borne false witness in a trial, or has not established the statement that he has made, if that case be a capital trial, that man shall be put to death. 195. If a man has struck his father, his hands shall be cut off. 196. If a man destroy the eye of another man, they shall destroy his eye. 197. If a surgeon has operated…..and has made him lose his eye, this hands shall be cut off

9. Moses and Mosaic Law Set out in the first five books of the Old Testament Set out in the first five books of the Old Testament –Genesis –Exodus –Leviticus –Numbers –Deuteronomy

10. Excerpts from Mosaic Law 21:15 Whoever strikes his father or his mother shall be put to death. 21:15 Whoever strikes his father or his mother shall be put to death. 21:17 Whoever curses his father or his mother shall be put to death. 21:17 Whoever curses his father or his mother shall be put to death. 23:1 You shall not utter a false report. You shall not join hands with a wicked man to be a malicious witness 23:1 You shall not utter a false report. You shall not join hands with a wicked man to be a malicious witness 22:1 If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep. He shall make restitution; if he has nothing, he shall be sold for his theft. 22:1 If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep. He shall make restitution; if he has nothing, he shall be sold for his theft.

11. Roman Law Basis of law for Western Europe except England Basis of law for Western Europe except England As the Roman Empire grew as did the number and complexity of laws, Romans created the study of legal matters  Role of Lawyers As the Roman Empire grew as did the number and complexity of laws, Romans created the study of legal matters  Role of Lawyers

12. Roman Law 324 C.E. Emperor Constantine transferred capital of Roman Empire to Byzantium (now Turkey) 324 C.E. Emperor Constantine transferred capital of Roman Empire to Byzantium (now Turkey) 534 C.E. Emperor Justinian codified 1000 years of Roman Laws and produced the Justinian Code 534 C.E. Emperor Justinian codified 1000 years of Roman Laws and produced the Justinian Code Justinian Code  Emphazised Equity Justinian Code  Emphazised Equity

13. Roman Law Equity The idea that law should be fair and just; The idea that law should be fair and just; All people are equal under the law regardless of their wealth and power All people are equal under the law regardless of their wealth and power

14. Roman Law 1804 after French Revolution, Napoleon revised French law which had been based on Roman law and the Justinian Code. 1804 after French Revolution, Napoleon revised French law which had been based on Roman law and the Justinian Code. These revisions and new set of civil laws was called the Napoleonic Code, or the French Civil Code. These revisions and new set of civil laws was called the Napoleonic Code, or the French Civil Code. Napoleon conquered much of Europe, so the Napoleonic Code became a model for many European countries. Napoleon conquered much of Europe, so the Napoleonic Code became a model for many European countries. It’s the basis of Quebec’s civil law today It’s the basis of Quebec’s civil law today

15. England – Feudalism In 1066, William, Duke of Normandy (now France), invaded and conquered England  King William In 1066, William, Duke of Normandy (now France), invaded and conquered England  King William King William introduced the system of government called feudalism King William introduced the system of government called feudalism

16. Feudalism KING Owned all the Land Gave out parcels or manors of land to Lords and Barons LORDS BARONS Lords, as the King’s Vassals: Owed King allegiance and military service Helped in local administration Acted as sole judge over their own vassals/freemen FREEMAN Freemen, as vassals to the Lords and Barons Served in the Lord’s Army Worked Lord’s land and their own Gave shares off all they produced to the Lord and the church

17. Feudalism Feudalism Common Law Common Law Precedent Precedent Case Law Case Law Common Law is often called Case Law Common Law is often called Case Law

18. Precedent Something that has been done that can later serve as an example or rule for how other things of similar nature should be done in the future. Something that has been done that can later serve as an example or rule for how other things of similar nature should be done in the future. Lawyers and Judges refer to earlier decisions on cases that are identical or similar to the one they are dealing with. Lawyers and Judges refer to earlier decisions on cases that are identical or similar to the one they are dealing with. Precedents influence and guide judges decisions, verdicts, and sentencing decisions Precedents influence and guide judges decisions, verdicts, and sentencing decisions Creates an element of certainty in cases being tried. Creates an element of certainty in cases being tried.

19. Case Law As number of cases increased, recording decisions became necessary As number of cases increased, recording decisions became necessary Today all court cases are recorded and published in paper and electronic form Today all court cases are recorded and published in paper and electronic form Each case is given a citation to help individuals identify the case and where to find it. Each case is given a citation to help individuals identify the case and where to find it.

20. Case Citation 1. Identifies if the case is public (i.e. criminal) or private (family law) 2. Identifies the court that heard the case 3. Identifies the name of the law report it is located in, the volume number and the page number 4. Identifies the year the decision was made Examples: R. v. Bates (2000), 35 C.R (5 th ) 327 (Ont C.A.) Langille et all. V. McGrath (2000), 233 N.B.R. (2d) 29 (N.B.Q.B)

21. The Rule of Law England’s King John (1199 -1216) considered himself above the law England’s King John (1199 -1216) considered himself above the law

22. The Rule of Law The Rule of Law The nobility, clergy and freemen forced King John to sign the Magna Carta (The Great Charter) in 1215.

23. Magna Carta Recognizes the principle of the Rule of Law (No one is above the law and all are equally subject to the law); Recognizes the principle of the Rule of Law (No one is above the law and all are equally subject to the law); Idea of equality became important; Idea of equality became important; No ruler could restrict peoples’ freedoms without reason; No ruler could restrict peoples’ freedoms without reason; People’s rights could not be changed without their consent. People’s rights could not be changed without their consent. Right of Habeas Corpus – individuals who are imprisoned have a right to appear before courts within a reasonable time. Right of Habeas Corpus – individuals who are imprisoned have a right to appear before courts within a reasonable time.

24. The Rule of Law In Canada It means: No one is above the law No one is above the law Might is not right Might is not right Resolving disputes by peaceful means is better for individuals and society as a whole Resolving disputes by peaceful means is better for individuals and society as a whole Brings order by preventing violence and the abuse of human rights Brings order by preventing violence and the abuse of human rights

25. The establishment of Parliament After 1215 signing of the Magna Carta, the struggle for power between the Kings of England and nobles continued. After 1215 signing of the Magna Carta, the struggle for power between the Kings of England and nobles continued.

26. The First Parliament 1265 – Revolt by nobles against King Henry III. 1265 – Revolt by nobles against King Henry III. Nobles wanted more power. Nobles wanted more power. Representatives were called from all parts of England to form the first Parliament. Power struggle continued for 400 more years. Power struggle continued for 400 more years.

27. Parliament Replaces King 1688 King James II tried to make England a Catholic country Nobles and bishops revolted against him and forced him to flee Made his daughter, Mary and her husband, William the new queen and king of England. 1689, Parliament passed the Bill of Rights Bill guaranteed free speech, free elections, and freedom of assembly.

28. Statute Law (Substantive Laws) As society grew and changed, common law and case law could not provide answers to all legal questions As society grew and changed, common law and case law could not provide answers to all legal questions Parliament began to make new laws to deal with new situations  laws (statutues) passed by parliament. Parliament began to make new laws to deal with new situations  laws (statutues) passed by parliament.