HISTORICAL ROOTS OF LAW

Chapter 1, p. 17-30

The Code of Hammurabi

Hammurabi was the king of Babylon (1792-1750 BC) (now Iraq)

One of the earliest-known sets of written laws (codified)

rules and penalties for all aspects of Babylonian life (see examples p. 17-18).

Intention of actions not important Justice was based on vengeance

and punishment (eye-for-an-eye).

Mosaic/Hebrew Law

Approximately 500 years after Hammurabi. Found in the Bible in the Book of Exodus.

These laws were said to be given to Moses, and include the Ten Commandments (see examples p. 19).

Deliberate actions more of a concern than accidental harm.

Care for the poor was also considered.

Greek & Roman Law

Greek First form of democracy, included voting and

juries Roman

Law must be recorded (codified), and justice not left to judges alone

Influenced law of England since it was once occupied by Romans

Used legal advisors

Justinian’s Code

Emperor Justinian I (527-565) codified 1600 books of Roman law.

Inspired modern concept of justice Elements can be found in the laws of

many European countries, especially France

Napoleonic Code

1200 years after Justinian, after the French Revolution

Emperor Napoleon Also known as the French Civil Code Came into effect in 1804 Regulated civil matters (property, wills,

contracts, family law) – see p. 23

INFLUENCES ON CANADIAN LAWBritish Law has had the most influence on Canada. Trial by Ordeal

When a lord could not determine guilt or innocence by facts, the accused underwent an ordeal of torture. Guilt or innocence was determined by God, depending on the result of the ordeal. (see Purging by Water, p. 25)

Trial by Oath Helping Requiring friends to swear on the Bible that a person

was innocent. Trial by Combat

The two parties involved in the dispute engaged in a duel. God would be on the side of the innocent man.

Click the picture for Trial by Ordeal

INFLUENCES ON CANADIAN LAW Adversarial System

Similar to trial by combat, except that the two sides of a dispute are presented by lawyers

A judge and/or jury determining guilt or innocence. The Feudal System

William the Conqueror (1066), divided up the land into parcels and gave the parcels to noblemen.

Noblemen were responsible for enforcing law on their property, which resulted in unfair treatment from one place to the next.

Common Law

Circuit judges – a system of traveling judges called to hold court (assizes) throughout various towns and villages (Henry II 1154-1189)

Added consistency and fairness to the law Judges would compare cases and record decisions

so that similar cases would be treated the same, known as case law, or common law

Based on the principle of stare decisis, or “to stand by the decision.”

This principle developed into the rule of precedent, or applying a previous decision to a case that has similar circumstances

Magna Carta

Signed by King John in 1215, instituting the Rule of Law. This ensured equality before the law. It also included the writ of habeas corpus. This ensured that a person who is arrested or detained is entitled to a court appearance within a reasonable amount of time (in Canada, 24 hours).

Aboriginal Law

The Great Binding Law is the Constitution of the Iroquois Confederacy (Six Nations). See examples p. 29

Read p. 30, Reflecting on Our Historical Roots

Quick Quiz and Review, Q 1, 4, 6 p. 31 Examining Cases Q 7 p. 32 Law and Morality – Ethics Exercise

(Assignment to be submitted)