HISTORICAL ROOTS OF LAW Chapter 1, p. 17-30
Dec 18, 2015
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).