HISTORICAL ROOTS OF LAW Turning Points in History - Hammurabi's Code of Laws - Hidden Histories: Law and Order-

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)

Code of Hammurabi (column of stone) Created about 3800 years ago Discovered in 1901 Modern Day Iraq Kept at the Louvre in Paris, France

Structure of Society: GODS KING MALE NOBLES WIVES & CHILDREN OF MALE NOBLES POOR AND SLAVES

Let’s Look at their Laws… Why is Hammurabi’s code significant? What aspects of Hammurabi’s do we still value in current legal society?

Legal Significance - Hammurabi Laws reflected a patriarchal society Wealthy given more protection than the poor Laws based both on retribution and restitution, but mostly on retribution KEY TERMS: Codification = Patriarchal = Restitution = Retribution =

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

Mosaic Law Concerned with punishing a deliberate action than an accidental act of harm Likely to punish the guilty party than permit a person of high status to shift punishment to a person of lesser status Care for the poor was expressed Both the Code of Hammurabi and the Mosaic Law show the importance of respect for the parents Human Rights: Mosaic Law -

Legal Significance v=Id6oS3L-D9A v=Id6oS3L-D9A Religion as a source of law and morality Laws come from ‘God’ First 4 commandments – belief and loyalty to one God Next 6 commandments – relationships between people Protection and care for the poor

Greek Law (around 400 BCE) Only a small number of people in ancient Greece (Athens) were recognized as citizens and had political rights Citizens excluded women, children, aliens and slaves Women who were on trial were not allowed to speak for themselves Responsibilities of the citizen included voting, jury duty and the running of the country Our jury system can be traced to Athens, though they originally had as many as 1501 jurors

The Trial of Socrates The trial of Socrates took place over a nine-to-ten hour period in the People's Court, located in the agora, the civic center of Athens. The jury consisted of 500 male citizens over the age of thirty, chosen by lot from among volunteers. Athens used very large numbers of jurors, from 500 to as many as 1501, in part as a protection against bribes: who could afford to bribe 500 people? All jurors were required to swear by the gods of Zeus, Apollo, and Demeter the Heliastic Oath: "I will cast my vote in consonance with the laws and decrees passed by the Assembly and by the Council, but, if there is no law, in consonance with my sense of what is most just, without favor or enmity. I will vote only on the matters raised in the charge, and I will listen impartially to the accusers and defenders alike."

The Death of Socrates - Jacques-Louis David (1787)Jacques-Louis David

Legal Significance – Greek Law Responsibilities of the citizen included voting, jury duty and the running of the country Jury system

Egyptian Law Based on a common sense view of right and wrong, following the codes based on the concept of Ma'at. Ma'at (goddess) represented truth, order, balance and justice in the universe. This concept allowed that everyone, with the exception of slaves, should be viewed as equals under the law, regardless of wealth or social position. However, when punishment was carried out, often the entire family of the guilty suffered as well. For example, when individuals were sentenced to exile, their children were automatically outlawed along with them. If a relative deserted from military service, or defaulted on the labor demands of the state, the entire family might be imprisoned.

Legal Significance – Egyptian Law Sense of right and wrong Everyone, with the exception of slaves, should be viewed as equals under the law, regardless of wealth or social position

Roman Law /watch?v=tSKQCS4V-dg /watch?v=tSKQCS4V-dg 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 Byzantine emperor Justinian ( CE) 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 Roman Empire (100CE – 500CE)

Roman Law Roman law is based on two basic principles: (1) the law must be recorded (2) justice cannot be left in the hands of judges alone to interpret The Twelve Tablets are now considered the foundation of modern law Laws reflected a patriarchal society - women had no status as persons Because the Roman Empire had spread into a large sophisticated and complex society laws increased – as laws increased so did the need to have people who were Experts in the field of law to advise those who were not = LAWYERS A Roman Soldier trumpets the arrival of the new laws. Note the tools that identify the workers and the woman who is calling to others to come and see the laws.

Legal Significance Public prosecution of crimes Citizens should be represented by an expert of law – trained lawyers Trial by Jury Trial procedures – opening/closing statements, present evidence…

France and the Napoleonic Code French military and political leader during the latter stages of the French Revolution. As Napoleon I, he was Emperor of the French from 1804 to Napoleon commissioned a new code of laws called the Napoleonic Code, also known as the French Civil Code These laws represented a compromise between the Germanic law of northern France and the Justinian Code of Southern France This law became popular because its non- technical style made the law accessible to the public NAPOLEON THE LAWMAKER Painting by Jean-Baptiste Mauzaisse

France and the Napoleonic Code “ I closed the gulf of anarchy and brought order out of chaos. I rewarded merit regardless of birth or wealth, wherever I found it. I abolished feudalism and restored equality to all regardless of religion and before the law. I fought the decrepit monarchies of the Old Regime because the alternative was the destruction of all this. I purified the Revolution." -Napoleon Bonaparte The Napoleonic Empire in 1812

Legal Significance – Napoleonic Code Created a Civil Code – made law accessible to all people (amended code still used in France and Quebec) Education accessible to public – primary and university All citizens are equal under the law – regardless of social standing All people paid taxes – poor did not pay more tax vs. rich Separations between religion and government Religious tolerance – no discrimination

Justinian’s Code After 395 CE the Roman Empire was split into the Byzantine Empire and the Western Roman Empire Byzantine Emperor Justinian commissioned ten men to study and clarify the 1600 books of Roman Law Justinian Code served as an important basis for law in contemporary society

The term ‘justice ’ is derived from Justinian ’ s name Formed the basis of civil law (laws governing personal relationships) which, along with criminal law, became one of the main legal systems to govern western civilization Legal Significance

One of the carvings around the walls of Napoleon ’ s tomb - Napoleon is shown with the Justinian code in his right hand and the Napoleonic code in his left