Law and Society CJUS/POLS 102 Chapter 2: History and the Law

Early History of Law 1. Developed over thousands of years - first known written law - Code of Hammurabi - King of Babylon, 2000 BC a. Advanced society - unique laws to control / guide - derived from the Gods - directing Hammurabi (1) Dealt with:

Early History - administrative / domestic / criminal issues - administrative / domestic / criminal issues - laws directed towards children (2) Egyptian law (2) Egyptian law - highly developed society also (a) Pharaoh descendent of gods - word was law (b) Egypt: first court system - overseers: aristocracy / priests

Early History (3) Ancient laws - came from gods - power bestowed on ruler (a) Religious influence today? (b) Church vs. state b. Influence: centuries of different beliefs (1) Hebrew law (1) Hebrew law

Early History - god is source of all law - god is source of all law (a) Old Testament: (a) Old Testament: - ‘eye for an eye’ (b) New Testament: (b) New Testament: - ‘turn the other cheek’ (2) Greek law (4 th / 5 th centuries) (2) Greek law (4 th / 5 th centuries) - highly sophisticated - Plato / Aristotle / Sophocles

History (a) Criminal acts: crimes against society (a) Criminal acts: crimes against society (b) Serious crime: crime against the state (b) Serious crime: crime against the state (c) King relied on gods (c) King relied on gods c. Roman law - dominant force - “natural law” (1) Transformed into “civil law” / “canon law” (1) Transformed into “civil law” / “canon law”

History (a) Civil law (a) Civil law - state law - state law - government takes action - government takes action (b) Canon law (b) Canon law - church law - church law - catholic church takes action in domestic matters - catholic church takes action in domestic matters (2) Defined 3 elements of law: (2) Defined 3 elements of law: - legislative / administrative / judicial - legislative / administrative / judicial

History (a) Developed into English justice system (a) Developed into English justice system - Rome established legal system - developed into US system (b) Laws passed by Roman senate (b) Laws passed by Roman senate (c) Enforced by the Emperor (c) Enforced by the Emperor (d) Ruled on by Roman courts (d) Ruled on by Roman courts - judges or priests

History (3) Justinian Code - Roman Emperor Justinian (528 AD) - collection of all laws - collection of all laws (a) Civil laws (a) Civil laws - enforced by government - soldiers (b) Canon laws - enforced by soldiers - judges were priests

History (c) Term “justice” - came from Justinian (4) Code included 4 parts: (a) The Institutes - text for law students / lawyers (b) The Digest - casebook covering trials / decisions

History (c) The Codex - statutes / principles (d) The Novels - proposed laws d. Laws influenced European continent - Roman-Germanic law - Napoleonic Code - Laws of Islam (Constantinople) - the four dominant legal systems:

History (a) Common law – England (b) Civil law – Romano-Germanic (c) Socialist law – security / economics (d) Religious law – beliefs / conduct 2. Development of common law - Danes conquered Northern France - Normans

History a. William the Conqueror (1066) - developed Anglo-Saxon law (1) Reeve of the Shire (12 th century) - King’s enforcement officer - police / judge / executioner (2) Developed an accusatory system - 12 freemen appointed - made accusations - became our jury of 12

History b. Roman civil law - integrated with English traditions (1) King’s court - dealt with common law - criminal and civil matters (2) Church courts - dealt with canon law - family and church matters

History (3) England: canon law / civil law (3) England: canon law / civil law - developed into ‘common law’ - King Henry VIII (a) Judges replaced sheriff as court official - traveled throughout a Shire (b) Judges made law - decisions became common - followed each other’s rulings - became known as “common law”

History c. Landowners / aristocrats c. Landowners / aristocrats - based rules on king’s law - nobility revolted (1) Magna Carta – Great Charter (Latin) (2) Established laws of England (3) US Constitution - modeled after Magna Carta

History (4) 18 th century England - becoming an industrialized society - new business / technology - new laws to manage (a) United States of America - struggling - to form a new government 3. Law in the new America

History - common law of England - adapted to Continental United States a. Principles of common law - still in effect - left intact where did not interfere with state / federal law (1990s) federal law (1990s) (1) Never legislated - accepted practice by the courts - have codified common law

History b. Federalism - federalist form of government (1) Union of states - under a federal government (2) Two or more levels (a) Federal - provides certain services - protection / taxes / representation

History (b) State - provides certain services - highways / schools / taxes (c) Local - provides certain services - garbage / fire / taxes (3) Based on common law - unwritten law - follow precedent / make up new law

History (a) Doctrine of Stare Decisis - “let the decision stand” (b) Unwritten laws that were appealed - became “case law” - which is written law 4. Articles of Confederation - first governing document - combined 13 colonies - into a loose confederation

History a. Ratified - March 1, 1781 b. Replaced by the Constitution - June 21, 1788