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Historical Sources of Law What do they offer us today?

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Presentation on theme: "Historical Sources of Law What do they offer us today?"— Presentation transcript:

1 Historical Sources of Law What do they offer us today?

2 Code of Hammurabi Circa 1780 B.C. Hammurabi was king of Babylon Codified laws (282!!) Retribution- Getting back/ Punishing, Eye for an eye!

3 Code of Hammurabi Restitution – payment for – monetary / goods / services (economic) No distinction between accidents and deliberate actions Societal Hierarchy existed at that time BUT the laws were there to protect the weak as well. Examples on p. 17/18 in text!

4 Mosaic Law Biblical/Hebrew Law Ie. Moses and The Ten Commandments Murder, adultery, theft, worship Distinctions were made between deliberate actions versus accidental acts Care for the poor important (ie. crops/harvest) Prevents the strong from overpowering the weak. “Punish the guilty party!”

5 Greek Law Based on democratic ideals – the people decide (citizens!!) majority… The roots of the jury system stem from the Greeks (400 B.C.) The people also decided the SENTENCE!!!! Citizenship was restricted! (Women, children, aliens, slaves)

6 Roman Law Law MUST be RECORDED/WRITTEN Codified as well Able to be changed Judges alone should not decide or interpret the law Foundation of modern law

7 Roman Law Public prosecution Victim compensation (Restitution) Protected the weaker as well Patriarchal/hierarchal society Legal adviser (Lawyers) stem from Roman Law

8 Justinian’s Code Reorganization of Roman law ( 529 CE) To strengthen the split and declining Roman empire (Byzantine & Western Roman Empires) Emperor Justinian I 10 men to study, clarify and reorganize the 1600 books of Roman law

9 Justinian’s Code Called Justinian’s Code, after Emperor Justinian I Codified Law Inspired the concept of “justice” Formed the basis for “Civil Law” (Between 2 or more people)

10 The Napoleonic Code After French Revolution Emperor Napoleon Bonaparte Created a new code of laws to unify France (1804 CE Napoleonic Code (French Civil Code)

11 The Napoleonic Code Regulated mostly civil matters (wills and estates, family, contract and property matters) Popularized and spread through many European countries. Non-technical, easy to understand and accessible Samples:See Figure 1.12 (p.23)


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