History of law

Law of Hammurabi

1800 B.C. Cover all Babylonian life All property transactions were

recorded on tablets and kept as legal documents

Equal access to laws did not mean all life was viewed as equal

3 social classes: The Amelu – free citizens (government

officials, priests, soldiers). Could demand severe retaliation and higher compensation but had higher punishments and larger fees to pay.

The Mushkinu – middle class (merchants, teachers, labourers, farmers). Still free citizens but their fines were less

The Slaves – were like property under the complete care of the master. Could own property and eventually buy their freedom

Family Law

Marriages were arranged by parents Divorce was legal, but had to be initiated

by the man A woman’s main role was mother. She

could be thrown into the river and drowned if she refused to have children

In cases of adultery both parties were drowned unless the husband pardoned the wife

Incest was punishable by death “Seduction” was fined

Criminal Law

“An Eye for an Eye” was the main principle of criminal law

Focus on retribution A variety of executions were used;

gibbeting, burning, impalement & drowning

Murder is not mentioned nor its punishment

There were no prisons or work camps

Mosaic Law

The law given to the Hebrews by Moses

The 10 Commandments were the main ones which were engraved on stone tablets. These were said to come directly from God.

Other laws laid down by Moses are set out in the first five books of the Bible (Genesis, Exodus, Leviticus, Numbers & Deuteronomy)

Punishments were severe. Focus on restitution

Roman Law

Romans created the role of lawyers Emperor Justinian codified 1000

years of Roman law into the Justinian Code.

The Justinian Code emphasized equity (all people should be equal under the law)

Canadian Law

Based on the laws of France and England French law was codified. In Quebec, civil

law is still based on the French Civil Code. English law was not codified Common law is based upon precedent.

Precedent is a legal decision that serves as an example and authority in similar cases.

In 1215 the Magna Carta was signed recognizing the rule of law (no individual or government shall be above the law)