Historical Roots of Law

Historical Roots of Law

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

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

Mosaic Law (c. 1250 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

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

Roman Law (c. 450 BCE – 100 CE)

• There were two basic principles in Roman Law:

1. The law must be recorded

2. Justice should not be left in the hands of judges alone to interpret

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

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

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

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

Key DefinitionsCodified – 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