clu3m - law unit 1 history of the law. mr. andrez
TRANSCRIPT
CLU3M - Law
Unit 1 History of the Law.
Mr. Andrez
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 500 years after Hammurabi Biblical law has been one of
the greatest influences on our law
Laws given to Moses – make up the first five books of the Old Testament (613 laws or ‘mitzvot’) – including the ‘Ten Commandments”
Forbidden to commit murder, adultery and theft
Holds a central position in both the Jewish and Christian faiths
Punishmens of Mosaic law were severe
Greek Law
First form of democracy Only citizens had political rights
Jury system can be traced to Ancient Greece
Citizens were expected to participate in juries of 101, 501, or 1001 to determine innocence or guilt
Juries also voted on the most appropriate sentence
i.e. Trial of Socrates
Roman Law
Two Basic Principles:1. Law must be recorded
2. Justice could not be left to judges alone
The Twelve Tables (450 BCE) was on of Rome’s earliest codes Promoted public prosecution
of crimes System for victim
compensation Protected lower classes from
ruling class (minority rights)
Justinian’sCode 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
As a result a new profession dedicated to the study of law was developed - legal advisors or lawyers
Roman Empire (100CE – 500CE)
Byzantine emperor Justinian (527-564CE) codified 1000 years of Roman law to create the “Justinian Code”
Formed the basis of civil law Laws emphasized equality and
justice– that the law should be fair and just, and that all people are equal under the law, regardless of their wealth or power
Great influence on western civilization
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 17-23
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? How did it influence contemporary society?
4. Explain the significance of the French civil code to the development of Canadian law