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CHW3U - Law Unit 1 History of the Law. PP#3 Ms Pannell Source: Gibson, Murphy, Jarman and Grant,. ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp10-19
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Early History Laws based on local customs and beliefs Were simply, verbal and based in common sense As societies grew and became more complex, so did their laws. Needed to be written down
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Code of Hammurabi ( Babylonian King, 3800 years ago ) Took nearly 300 laws and recorded them in a way that could be understood by his citizens One of earliest records of written law Codification – process of arranging written laws so they can be understood Categories (family, criminal, property…) Judges could match offense and punishment by looking at the written ‘code’ ‘Code’ principles the strong should not injure the weak Retribution – Every crime deserved a punishment (eye for an eye) cuneiform
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Code of Hammurabi (column of stone) Created about 3800 years ago Discovered in 1901 Modern Day Iraq Kept at the Louvre in Paris, France
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Moses and Mosaic Law Centuries after Hammurabi Laws given to Moses – make up the first five books of the Old Testament (613 laws or ‘mitzvot’) – including the ‘Ten Commandments” Holds a central position in both the Jewish and Christian faiths Punishmens of Mosaic law were severe Student Activity: (Handout) Compare and contrast Code of Hammurabi and Mosaic Law
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Roman Law Began by early Romans – became the basis of law for Western Europe (except England) As the Roman Empire grew so did the complexity and number of its laws New profession devoted to the study of legal matters developed - Law Roman Empire (100CE – 500CE) Byzantine emperor Justinian (527- 564CE) codified 1000 years of Roman law to create the “Justinian Code” Laws emphasized equality – that the law should be fair and just, and that all people are equal under the law, regardless of their wealth or power
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Napoleonic Code Napoleon Bonaparte - 1804 French Civil Code Established civil law (French law based in both Roman law and the Justinian Code) Emphasized equality and justice Napoleon conquered much of Europe during the early 1800 Napoleonic Code therefore became the model for many European countries Today is the basis of law in many modern democratic countries including Canada (Quebec
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Recap – textbook pages 10-12 1. Explain the significance of the Code of Hammurabi. 2. Compare the concepts of retribution and restitution. Which concept is more likely to be considered in the area of criminal law? 3. What is the Justinian Code? 4. Explain the significance of the French civil code to the development of Canadian law
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