CLU3M - Law Unit 1 History of the Law. Mr. Andrez

Early History Laws based on local customs and beliefs Were simply, verbal and based in common sense As societies grew and became more complex, so did their laws. Needed to be written down

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) cuneiform

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

Moses and Mosaic Law 500 years after Hammurabi Biblical law has been one of the greatest influences on our law Laws given to Moses – make up the first five books of the Old Testament (613 laws or ‘mitzvot’) – including the ‘Ten Commandments” Forbidden to commit murder, adultery and theft Holds a central position in both the Jewish and Christian faiths Punishmens of Mosaic law were severe

Greek Law First form of democracy Only citizens had political rights Jury system can be traced to Ancient Greece Citizens were expected to participate in juries of 101, 501, or 1001 to determine innocence or guilt Juries also voted on the most appropriate sentence i.e. Trial of Socrates

Roman Law Two Basic Principles: 1. Law must be recorded 2. Justice could not be left to judges alone The Twelve Tables (450 BCE) was on of Rome’s earliest codes Promoted public prosecution of crimes System for victim compensation Protected lower classes from ruling class (minority rights)

Justinian’s Code 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 As a result a new profession dedicated to the study of law was developed - legal advisors or lawyers Roman Empire (100CE – 500CE) Byzantine emperor Justinian ( CE) codified 1000 years of Roman law to create the “Justinian Code” Formed the basis of civil law Laws emphasized equality and justice– that the law should be fair and just, and that all people are equal under the law, regardless of their wealth or power Great influence on western civilization

Napoleonic Code Napoleon Bonaparte French Civil Code Established civil law (French law based in both Roman law and the Justinian Code) Emphasized equality and justice Napoleon conquered much of Europe during the early 1800 Napoleonic Code therefore became the model for many European countries Today is the basis of law in many modern democratic countries including Canada (Quebec

Recap – textbook pages Explain the significance of the Code of Hammurabi. 2. Compare the concepts of retribution and restitution. Which concept is more likely to be considered in the area of criminal law? 3. What is the Justinian Code? How did it influence contemporary society? 4. Explain the significance of the French civil code to the development of Canadian law