HISTORICAL ROOTS OF LAW Code of Hammurabi Earliest known recorded laws Patriarchal (male dominated) Draconian in nature (severe punishment for crimes) Laws attributed to gods Based on retribution (punishment; eye for an eye) Restitution – paying for damages

Mosaic (Canon) law Found in the book of exodus Ten Commandments Based on punishing deliberate actions Help those who need help (poor)

Greek law Democracy based on social standing Citizen involvement (voting; jury duty) Women still had limited or no “standing” Concept of jury system

Roman Law Two basic principles: Law must be recorded and law is not left in the hands of judge alone to interpreter The Twelve Tablets – codified Roman law Promoted public prosectuion; victim compensation; protected lower class. Provided for legal counsel

Justinian’s Code Modern concept of justice Further codified Roman law Formed the basis of civil law (laws governing personal relationships – contracts)

Napoleonic Code Unification of French law Non-technical (easier to read and understand by the public) Further divided Civil law issues (property law, Family law, contracts, wills)

Early British law Followed local customs and traditions At the whim of the lord (ruler of village) Trial by ordeal; trial by oath helping; trial by combat Present day adversarial system is based loosely on trial by combat

Feudal System – land holding system King had ultimate power provided by “divine right” Nobleman were provided land who in turn protected peasants that farm the land; who in turn were at the whim of the Nobleman Nobleman determined what the law and punishment would be in each case

Common law law which is common to all develped from the increase in disputes – King sent traveling judges to hold assizes (court) to resolve disputes. Judges began dealing with similar cases in a similar fashion. This resulted in creating the Rule of Precedent “Stare Decisis” – to stand by previous decisions

Legal Reforms With the advent of Common law a new way of dealing with issues was born thereby limiting the King’s power. 1215 King John (King Henry II son) was forced to sign THE GREAT CHARTER – THE MAGNA CARTA The Rule of Law was established – no one is above the law The writ of habeas corpus – you must have the body

Aboriginal law Strong sense of a creator; family and community An established legal system, government and social structure The Six Nations developed The Great Binding Law which included: rights, duties, responsibilities, adoption…