CHW3U - Law

Unit 1 History of the Law. PP#3

Victor Nesrallah

Source: Gibson, Murphy, Jarman and Grant, . ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp10-19

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

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

Code of Hammurabi (column of stone)

Created about 3800 years ago

Discovered in 1901

Modern Day Iraq

Kept at the Louvre in Paris, France

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

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

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

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