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DEVELOPMENT OF CANADIAN LAW
Unit 1 Heritage
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IntroductionFrance Great Britain (England)
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Early History• Canadian laws are based on the laws of France and
England
• French law was codified and written down
• English law however was customary, based on custom or what had always been done in the past
• Upon arrival to N. America, Europeans found Aboriginal people to have their own systems of law- elected leaders, consensus decisions and the concept of equality
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Early History of Law• Laws of ancient civilizations greatly influenced Canadian law
• Early societies- local customs and beliefs- unwritten
• As societies grew- in population and size, it became necessary to record them
• “Codes”- codification- arranging laws in a way that can be understood (written)
• The Code of Hammurabi (1750 BCE)- family, criminal, labour, property, etc…
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Early History of Law• Mosaic Law (1240 BCE)- Laws given to Moses (Old
testament) for the Hebrew People (Ten Commandments)
• Both Codes illustrate the concept of retribution- for every crime there should be a deserved punishment
• Very Harsh- http://www.youtube.com/watch?v=h534FTPHQoY
• Both Codes also illustrate the concept of restitution- paying back the victim for the harm done by the offender
• Restitution is a very common form of punishment in Canada
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Activity• *Code of Hammurabi analysis activity