Historical Roots of the Law

Historical Roots of Law Modern approach to law is the result of many years of ‘social’ evolution Key early contributors: The Code of Hammurabi Mosaic Law Greek Law Roman Law Justinian’s Code Napoleonic Code

The Code of Hammurabi …is one of earliest-known sets of recorded laws Written by King Hammurabi of Babylon (located in modern day Iraq) Laws reflected a ‘patriarchal’ society Male-dominated (women and children considered ‘property’ of men) Wealthy had more protection than poor – legal slavery Some laws based on restitution – others on retribution

Mosaic Law …is the law given to Moses to guide Hebrew people Recorded in the Bible Ten Commandments found at the beginning Differences from Code of Hammurabi: Mosaic Law more concerned with deliberate acts rather than accidents Personal status/class matters less in Mosaic Law Mosaic Law emphasized care for the poor

Greek Law First form of democracy was in Greece ‘citizens’ had political rights (although not women, children, aliens, and slaves) Greek law introduced concept of jury system Jury decided on the sentence of an accused

Roman Law Two basic principles of Roman law: Law must be recorded Justice could not be left to judges alone Twelve Tables = one of earliest set of codified Roman law Considered foundation of modern law Although more ‘fair’, still reflected patriarchal society Introduced concept of ‘lawyers’

Justinian’s Code …is the clarification and organization of Roman law commissioned by Emperor Justinian 1 Inspired modern concept of justice – word comes from Justinian’s name Forms basis of civil law (law governing personal relationships)

Napoleonic Code …is a code of law commissioned by Napoleon Bonaparte after French Revolution Completed in 1804, but spread through more of Europe as Napoleon controlled more and more countries Was popular because it was ‘non-technical’ and thus more easy to understand Quebec civil law is mostly based on Napoleonic Code