Muhammad ~600 A.D.

Muhammad ~600 A.D.

• Prophet of Islam – wrote Qur’an• Sharia – traditional Islamic law– Based on Qur’an & Sunna

• Sunna was the practices of Muhammad and to Shi’a Muslims the 12 Imams

• Modern interpretations of the Sharia is decided by religious scholars – not universally accepted– Mufti is a legal scholar – Fatwa is a legal decision or interpretation of law

• Criminal Law includes Apostasy

Charlemagne ~ 800 A.D.

• United Western Europe after fall of Rome• Reestablished and reformed legal and judicial

systems

1100: First Law School

• In medieval Italy, students of law would hire a teacher to teach them Roman Law, especially Justinian's Code

• One teacher, known as Irnerius was particularly popular and students began to flock to him from all over Europe.

• Irnerius taught in Bologna and the surge of students meant that he had to hire other teachers to form the world's first law school.

• By 1150, his law school had over 10,000 students and contributed to the revival of the Corpus Juris throughout Europe

King John ~ 1200 A.D.

• Policies and taxation caused barons to force change

• Signed Magna Carta• His death soon after signing allowed son to

ignore it – but the concept was established that the people could limit kings through legal means

Magna Carta

• Called the "blueprint of English common law”• Conceded a number of legal rights to his barons and to the

people• It was the first time a king allowed that even he could be

compelled to observe a law• Committed to rudimentary judicial guarantees such as the

freedom of the church, fair taxation, controls over imprisonment (habeas corpus)

• Clause #39: "No freeman shall be captured or imprisoned ... except by lawful judgment of his peers or by the law of the land".

British Common Law

• Anglo-Saxons had Trial by Oath and Trial by Ordeal

• Normans (1066) introduced judge-made law• An unwritten system of law based on judicial

decisions, usages, and customs of the land• Legal precedent is based on common law• Origin of most laws and procedure in our

system

Louis IX ~ 1250 A.D.

• French king – became canonized as St. Louis• Established first known standing court of

appeals “Curia Regis”

Hugo Grotius ~ 1650 A.D.

• First writer of international law • Concerning the Law of War and Peace sparked

the debate of international law that continues today

1689: The English Bill of Rights

• Set out strict limits on the Royal Family's legal prerogatives such as a prohibition against arbitrary suspension of Parliament's laws and limited the right to raise money through taxation to Parliament.

• The king agreed to be subject to law and to be guided by Parliament.

• Ended the concept of divine right of kings• Designed to control the power of kings and queens

and to make them subject to laws passed by Parliament

William Blackstone ~ 1750 A.D.

• Major legal philosopher wrote Commentaries on the Law of England

• Had profound influence in development of legal structures in colonies and young America

US Constitution (1787) & Bill of Rights (1791)

• Defined the duties of the executive, legislative and judicial branches

• Declared that it was paramount to any other law, whether federal or state

• Established freedoms never codified in history• More coming later

John Marshall ~ 1800 A.D.

• 4th Chief Justice of USSC • Wrote opinion for Marbury v Madison which

established power of judicial review • Firmly established USSC as dominant legal

power

Napoleon ~ 1810 A.D.

• French general and emperor• Reformed education, government and law• Reworked French Law into the “Civil Code”

Napoleonic Code

• Protected individual liberty, equality before the law and the lay character of the state

• Incorporated most parts of Roman law• Became a model for civil law systems such as

Quebec, California and Louisiana

Napoleonic Code

• The most important aspect of the Code was the fact that the law was written (as opposed to judge-made) and in a non-technical style and thus more accessible to the public

• Regulated much of private law matters such as property, wills, contracts, liability and obligations. Many of its parts are traceable to Roman law.

• Still used in Louisiana

International Law

1945-46: The Nuremberg War Crimes Trial• Special panel of eight judges convened in this German

town to try Nazi officers for crimes against peace, crimes against humanity

• 1st real international trial1948: The General Agreement on Tariffs and Trade (GATT)• Implementation of GATT by almost all countries is

causing commercial law interplay between differing legal systems

• This with United Nations may result in a world court

USSC Courtroom Friezes

• Adolph Weinman sculpted the “great lawgivers of history” • He was a Beaux-Arts artist

– Imperial Roman architecture – Flat roof – Grand and raised first story. – Arched windows – Arched doors with pediments – Classical details – Symmetry– Statuary – Classical architectural details

• Most of DC is Beaux-Arts

USSC Courtroom Friezes

USSC Courtroom Friezes

East Wall

West Wall

USSC Courtroom Friezes

South Wall

North Wall

USSC Courtroom Friezes

South Wall

USSC Courtroom Friezes

South Wall

USSC Courtroom Friezes

North Wall

USSC Courtroom Friezes

North Wall

Unit 2: History & Structure of the American Legal System

EQ: What makes the United States court system unique?