Historical Roots of Historical Roots of LawLaw

Thou shalt not killThou shalt not kill

Thou shalt not stealThou shalt not steal

Key Vocabulary Great Laws of Manu Code of Li k’vei Code of Hammurabi Codified Retribution Restitution Mosaic Law Ten Commandments Justinian Code Napoleonic Code

The Evolution of laws through The Evolution of laws through civilizationscivilizations

1280-880B.C.- Great 1280-880B.C.- Great Laws of Manu, Indian Laws of Manu, Indian laws previously laws previously transferred through transferred through oral traditionoral tradition

350 BCE Code of Li 350 BCE Code of Li k’vei – Chinese laws k’vei – Chinese laws

1792-1750 BCE The 1792-1750 BCE The Code of HammourabiCode of Hammourabi

1380 BCE Mosaic Law1380 BCE Mosaic Law 400 BCE Athenian Law400 BCE Athenian Law 100 CE Roman Law100 CE Roman Law

The Code of HammurabiThe Code of Hammurabi Hammurabi, the king Hammurabi, the king

of Babylon, codified of Babylon, codified the rules and penalties the rules and penalties for every aspect of for every aspect of Babylonian life from Babylonian life from the ownership of the ownership of property to the rights property to the rights of adopted children.of adopted children.

The laws reflected a The laws reflected a patriarchal society in patriarchal society in which the wealthy which the wealthy were given more were given more protection in law than protection in law than the poor.the poor.

Hammurabi ( to be Hammurabi ( to be continued)continued)

Laws were based on Laws were based on retribution, an eye-for-an-retribution, an eye-for-an-eye type of justice, and eye type of justice, and distinction was not made distinction was not made between an accident and a between an accident and a deliberate action.deliberate action.

Some penalties may seem Some penalties may seem excessive and cruel, excessive and cruel, however, many of however, many of Hammurabi’s laws were Hammurabi’s laws were reasonable.reasonable.

Restitution, the concept of Restitution, the concept of making a payment to the making a payment to the victim of the crime was victim of the crime was common in the event of common in the event of damage to property or theft.damage to property or theft.

Mosaic Law or the Book of Mosaic Law or the Book of ExodusExodus

Mosaic Law, biblical Mosaic Law, biblical or Hebrew Law ,was or Hebrew Law ,was created on Mount created on Mount Sinai where God Sinai where God gave laws to Moses gave laws to Moses for the Hebrew for the Hebrew people to follow.people to follow.

The laws are The laws are commonly knows as commonly knows as Ten Ten Commandments.Commandments.

Ten CommandmentsTen Commandments

Mosaic Law was more concerned with Mosaic Law was more concerned with punishing a deliberate action than an punishing a deliberate action than an accidental act of harm.accidental act of harm.

The Ten Commandments were more The Ten Commandments were more likely to punish the guilty party than likely to punish the guilty party than permit to shift punishment to a permit to shift punishment to a person of lesser status.person of lesser status.

Care for the poor was another Care for the poor was another concern expressed in the Mosaic Law.concern expressed in the Mosaic Law.

Comparison of LawsComparison of LawsAdministratioAdministration of Justicen of Justice

Protection of Protection of PropertyProperty

Protection of Protection of the Personthe Person

Code of HammurabiCode of Hammurabi

If a man has borne If a man has borne false witness in a false witness in a trial, or has not trial, or has not established the established the statement that he statement that he has made ,if that has made ,if that case be a capital trial, case be a capital trial, that man shall be put that man shall be put to deathto death

If a man has stolen If a man has stolen goods from a temple goods from a temple or a house, he shall or a house, he shall be put to death and be put to death and he that he received he that he received the stolen property the stolen property shall be put to death.shall be put to death.

If a son has struck his If a son has struck his father, his hands shall father, his hands shall be cut off. If a man be cut off. If a man strikes a man’s strikes a man’s daughter and brings daughter and brings about a miscarriage, about a miscarriage, he shall pay for the he shall pay for the miscarriage. If that miscarriage. If that woman dies, his woman dies, his daughter shall be daughter shall be killed.killed.

Mosaic LawMosaic Law

You shall not utter a You shall not utter a false report. You shall false report. You shall not join hands with not join hands with the wicked, to be a the wicked, to be a malicious witness.malicious witness.

If a manIf a man steals an ox steals an ox or a sheep, and kills it or a sheep, and kills it or sells it, he shall or sells it, he shall pay five oxen for an pay five oxen for an ox, and four sheep ox, and four sheep for a sheepfor a sheep

Whoever strikes his Whoever strikes his father or his mother father or his mother shall be put to shall be put to death… whoever death… whoever curses his father or curses his father or his mother shall be his mother shall be put to death.put to death.

  

      Democracy can be dated with astonishing precision. Its origins lie in Democracy can be dated with astonishing precision. Its origins lie in ancient Greece towards the end of the Archaic period.. As the ancient Greece towards the end of the Archaic period.. As the poleis poleis

were established, the Greeks turned to a political model everyone else were established, the Greeks turned to a political model everyone else followed, the monarchy. They soon tired of their kings, and began to followed, the monarchy. They soon tired of their kings, and began to

create almost an infinite variety of government structures along several create almost an infinite variety of government structures along several distinct lines: oligarchy (rule by the few), isocracy (rule by the wealthy), distinct lines: oligarchy (rule by the few), isocracy (rule by the wealthy),

aristocracy (rule by the best), tyranny (rule by a tyrant), and, finally, aristocracy (rule by the best), tyranny (rule by a tyrant), and, finally, democracy (rule by the democracy (rule by the demos demos , or "people." , or "people."

The roots of first The roots of first democracydemocracy

When I say "rule by the people," I really mean rule by the people; the Greek democracies were not representative governments, they were governments run by the free, male citizens of the city-state. All major government decisions and legislation were made by the Assembly; the closest we've come to such a system is "initiative and referendum," in which legislation is popularly petitioned and then voted on directly by the electorate. The Greek democratic states ran their entire government on such a system.

   All the members of a city-state were not involved in the government: slaves, foreigners, and women were all disbarred from the democracy. So, in reality, the democratic city-states more closely resembled oligarchies for a minority ruled the state—it was a very large minority, to be sure, but still a minority.

One important principle of Greek democracy was citizen involvement. Athenian citizens were excepted to participate in major decisions affecting the running of their country. For example, voting was a major responsibility. Another responsibility was jury duty. One of the best known examples of this democratic process was the trial of Socrates. Socrates was arrested in 399 BCE. His accusers claimed that his ideas misled Athenian youth and undermined Athenian democracy. After a lengthy trial the 501 jurors found him guilty (the vote was 281 to 220). His accusers recommended the death penalty. Socrates argued that the law under which he was charged was unfair but acknowledged that he had been tried fairly by his peers. As instructed by the court, he drank a cup of poisonous hemlock.

The roots of first The roots of first democracydemocracy

Another responsibility was jury duty. The jury system can be traced to Athens, Greece in approximately 400 BCE. Athenians employed enormous juries, with the largest recorded jury at over 6000 members. Later, their juries were limited to 101, 501 or 1001 citizens. Women who were on trial were not allowed to speak on their own behalf; citizens had to speak for them.

The roots of first The roots of first democracydemocracy

The Greeks also used to decide on the sentence of an accused. If a person were found guilty, both the accused and the accuser would suggest a sentence. The jury then voted on the most appropriate sentence

The roots of first The roots of first democracydemocracy

One of the best known examples of this democratic process was the trial of Socrates. Socrates was arrested in 399 BCE. His accusers claimed that his ideas misled Athenian youth and undermined Athenian democracy. After a lengthy trial the 501 jurors found him guilty (the vote was 281 to 220). His accusers recommended the death penalty. Socrates argued that the law under which he was charged was unfair but acknowledged that he had been tried fairly by his peers. As instructed by the court, he drank a cup of poisonous hemlock

The Roman Law or the Twelve Tablets

Two PrincipalsTHE LAW MUST BE

RECORDED( CODIFIED) JUSTICE COULD NOT BE LEFT IN THE

HANDS OF JUDGESCould be revised as new laws were

needed

The Roman Law or the Twelve Tablets

The twelve tablets were written on bronze and wood in 450 BC.

Compiled by a committee of ten men Promoted the public prosecution of

crimes Enacted a system of victim

compensation Protected plebeians from being abused

by patricians

Sons Shall be under the jurisdiction of fathers

Patriarchal Essence First official Forerunners( Modern day

lawyers) appeared due to the sizes of the empire and the necessity to receive legal advice

Justinian Code

Created by the Byzantine Emperor Justinian ! (527-565CE)

Commissioned 10 men to clarify 1600 books of Roman Law

529CE Created a new body of law-Justinian Code

Justinian Code or the derivative of justice

Inspired the modern concept of justice( fairness, equality)

Basis of civil law( laws governing personal relationship)

Foundation for many legal systems in Europe

Napoleonic Code French Revolution (1789-1799)inspired the

necessity for updated laws Napoleon Bonaparte commissioned the

French Civil Code Went into effect in 1804 Dominated in Europe due to the fact that a

lot of European countries were under the Napoleonic Reign

Represented a compromise between the German laws of northern France and Justinian code of southern France

Napoleonic Code

Represented a compromise between the German laws of northern France and Justinian code of southern France

Became popular because of its non-technical style( laws became accessible to public)

Napoleonic Code

Regulated civil matters such asPropertyWillsContractsFamily Law

Assignment

Use the Historical Roots of Law section of your text or the power point presentation to identify the similarities and differences in the societies listed in the distributed to you table!