1. Historical Roots of Law

2. Code of Hammurabi (1792 – 1750 BCE)
Laws reflected a patriarchal, male dominated society
Higher members of society would be punished, but women or slaves would actually receive retribution
No distinction made between an accident and a deliberate action

3. Code of Hammurabi (1792 – 1750 BCE)
Many of the laws were based on retribution – an eye for an eye type of justice
Other laws focused on restitution, meaning compensation payment would be made to the victim

4. Mosaic Law (c BCE)
One of the greatest influences of modern law in Canada is Mosaic (biblical) law or the Ten Commandments
Basic principles are similar to the Code of Hammurabi, yet the laws had evolved (ex: less gender specific)
Law was more concerned with punishing deliberate actions instead of accidental acts of harm
Punishment focused on the offender and not someone of lesser social status

5. Greek Law (c. 400 BCE) First form of democracy was born in Greece
Promoted citizen involvement in running the country
Voting and Jury duty both major responsibilities for citizens
Sentencing was also democratic

6. Roman Law (c. 450 BCE – 100 CE)
There were two basic principles in Roman Law:
The law must be recorded
Justice should not be left in the hands of judges alone to interpret

7. Roman Law (c. 450 BCE – 100 CE)
Roman Laws were codified and could be revised when necessary
The Twelve Tablets dictated the law of England and is considered the foundation for modern law
The practice of having a legal advisor who specializes in law

8. Roman Law (c. 450 BCE – 100 CE) The Twelve Tablets Promoted:
Public Prosecution of crimes
A system of victim compensation
Protected lower classes from the ruling class
Women were not mentioned because they were not considered persons

9. Napoleonic Code (1804)
The Napoleonic Code’s non-technical style made laws accessible to the public
Also known as the French Civil Code
Regulated civil matters such as property, wills, contracts, and family law

10. Napoleonic Code (1804)
Of the Rights and Respective Duties of Husband and Wife
Husband and wife mutually owe to each other fidelity, succour (help), and assistance
The husband owes protection to his wife, the wife obedience to her husband
The wife is obliged to live with her husband, and follow him wherever he may think proper to dwell; the husband is bound to receive her, and to furnish her with everything necessary for the purposes of life, according to his means and condition
The wife can do no act in law without the authority of her husband
Of Causes of Divorce
The husband may demand divorce for cause of adultery on the part of the wife
The wife may demand divorce for cause of adultery on the part of her husband, where he shall have kept his concubine in their common house

11. Key Definitions
Codified – Laws that are arranged and recorded systematically
Retribution – Justice based on vengeance and punishment
Restitution – Payment made by the offender to the victim of a crime