1. HISTORICAL ROOTS OF LAW
Code of Hammurabi
Earliest known recorded laws
Patriarchal (male dominated)
Draconian in nature (severe punishment for crimes)
Laws attributed to gods
Based on retribution (punishment; eye for an eye)
Restitution – paying for damages

2. Mosaic (Canon) law Found in the book of exodus Ten Commandments
Based on punishing deliberate actions
Help those who need help (poor)

3. Greek law Democracy based on social standing
Citizen involvement (voting; jury duty)
Women still had limited or no “standing”
Concept of jury system

4. Roman Law Two basic principles:
Law must be recorded and law is not left in the hands of judge alone to interpreter
The Twelve Tablets – codified Roman law
Promoted public prosectuion; victim compensation; protected lower class.
Provided for legal counsel

5. Justinian’s Code Modern concept of justice Further codified Roman law
Formed the basis of civil law (laws governing personal relationships – contracts)

6. Napoleonic Code Unification of French law
Non-technical (easier to read and understand by the public)
Further divided Civil law issues (property law, Family law, contracts, wills)

7. Early British law Followed local customs and traditions
At the whim of the lord (ruler of village)
Trial by ordeal; trial by oath helping; trial by combat
Present day adversarial system is based loosely on trial by combat

8. Feudal System – land holding system
King had ultimate power provided by “divine right”
Nobleman were provided land who in turn protected peasants that farm the land; who in turn were at the whim of the Nobleman
Nobleman determined what the law and punishment would be in each case

9. Common law law which is common to all
develped from the increase in disputes – King sent traveling judges to hold assizes (court) to resolve disputes. Judges began dealing with similar cases in a similar fashion. This resulted in creating the Rule of Precedent “Stare Decisis” – to stand by previous decisions

10. Legal Reforms
With the advent of Common law a new way of dealing with issues was born thereby limiting the King’s power.
1215 King John (King Henry II son) was forced to sign THE GREAT CHARTER – THE MAGNA CARTA
The Rule of Law was established – no one is above the law
The writ of habeas corpus – you must have the body

11. Aboriginal law Strong sense of a creator; family and community
An established legal system, government and social structure
The Six Nations developed The Great Binding Law which included: rights, duties, responsibilities, adoption…