Historical_Roots_of_Law.ppt

Report
Historical Roots
of Law
From Babylon to
Napoleon
Law and Civilizations
• Laws in the form of community
enforced rules have existed since
people began to interact
• Most were based on common sense
and passed on by word of mouth
• As populations grew and laws
became more complex, the need to
record laws in writing increased
Code of Hammurabi
(1792 – 1750 BCE)
• One of the earliest known sets of
recorded laws, written by King
Hammurabi of Babylon
• He codified, or recorded, the
rules and penalties for every
aspect of Babylonian life
Code of Hammurabi
(1792 – 1750 BCE)
• Laws reflected a patriarchal, male
dominated society
• Higher members of society would be
punished, however women or slaves
would actually receive retribution
• No distinction was 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 a compensation payment
would be made to the victim
Mosaic Law (c. 1250 BCE)
• One of the greatest influence of
modern law in Canada is biblical law
• Also know as Hebrew law or Mosaic
Law these laws are often referred to
as the Ten Commandments
• Recorded in the Book of Exodus
Mosaic Law (c. 1250 BCE)
• Basic principles are similar to the Code of
Hammurabi yet the laws had evolved
• Law was more concerned with punishing
deliberate actions instead of accidental
acts of harm
• Punishment focused on the offender and
not someone of lesser status
Greek Law (c. 400 BCE)
• First form of democracy was born in
Greece
• Greek law promoted citizen
involvement in running the country
• Voting and Jury Duty were both
major responsibilities for citizens
• Sentencing was also democratic
Roman Law
(c. 450 BCE – 100 CE)
There were two basic principles to
Roman Law:
1) The Law must be recorded
1) Justice could not be left of 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 first occurred
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 however were not
mentioned because they were not
considered persons
Justinian’s Code
(527 - 565 CE)
• Byzantine Emperor Justinian I
•
•
•
commissioned the clarification and
organization of Roman law
A new body of law was completed
known as Justinian’s Code
It formed the basis for civil law
The word justice is derived from
his name
The 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
Key Definitions
Codified – 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

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