History of Law

History of Law Code of Hammurabi 1750 BCE Is one of the earliest examples of written law. Hammurabi was the King of Babylon and ordered 300 laws to be carved in stone Emphasised the idea of retribution. Every crime should be punished. Many crimes had harsh punishments Stealing=Death Hitting your parents=Death

History of Law Mosaic Law 1240 BCE The laws given to Moses from God. Moses carved 10 laws on 2 stone tablets and read them to the Hebrew people. The tablets were carried with the Hebrew people in the “Holy of Holies” during the Hebrew peoples exodus in the desert. Introduced restitution, where the victim is given financial compensation by the offender.

History of Law Justinian Code 550 CE Emperor Justinian codified 1000 years of Roman law into this code. It represented a collection of past laws, opinions from legal experts and new laws passed by Justinian. This represented the first time that legal opinions were codified into law. The Justinian code strongly emphasised equality for all citizens.

History of Law Magna Carta 1215 Marked the first time that the Divine Right of Kings was seriously challenged. English nobility forced King John to sign this document that limited his power in 1215 All people, nobility and commoners had to follow the same laws. Introduced the concept of Habeas Corpus, a principle that requires a person to be brought to court to see if he or she is being legally detained. Peoples legal rights could not be changed without consent (Parliament)

Magna Carta

History of Law Napoleonic Code 1804 Marked the origin of the French Civil Code. This closely mirrored the Justinian Code, and is followed very closely currently in Quebec. It was not based on tradition, but listed crimes and punishments for all citizens. Napoleon implemented these laws as he conquered Europe.

History of Law in Canada Canadian law is based upon laws of France and England. Although Canadian law is steeped in tradition, there are several key differences.

History of Law in Canada French law was codified and written down after Napoleon conquered most of Europe. There was a set of rules and clearly established punishments for breaking each law. English law was more commonly known as customary law, as laws evolved based on what had been done in the past. Over the years, English Parliament has passed some laws codifying customs but much of it was not written down at the time of Canada’s confederation.

History of Law in Canada Canadian law was also influenced by Aboriginal peoples. Canadian law is best described as a hybrid of all of its founding peoples.   Reconciliation circles Law was traditionally passed down in an oral tradition, but as laws evolved and became more complicated it became necessary to write them down to allow people to better understand them.

Mandatory Minimums? The process of writing down a law is called “codification”, thus we have the Criminal Code of Canada. The criminal code allows all citizens to be treated equally before the law as the punishments are clearly laid out and equal for all people. Mandatory Minimums   Canadian law is a blend of common law decisions (Precedents from Judges) as well as laws passed by government.