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Slide Notes
Community enforced rules have been around since the time that humans began interacting.
As civilisations grew and laws became more complex it became necessary to write them down.
Written laws have come from many different languages and backgrounds. Many have influenced Canada’s legal system.
As civilisations grew and laws became more complex it became necessary to write them down.
Written laws have come from many different languages and backgrounds. Many have influenced Canada’s legal system.
Roots Of Law (Unit 1 Set 1)
Published on Sep 28, 2016
Looking at where concepts from modern Canadian law originated from.
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PRESENTATION OUTLINE
Roots of Law
David Dickinson
Community enforced rules have been around since the time that humans began interacting.
As civilisations grew and laws became more complex it became necessary to write them down.
Written laws have come from many different languages and backgrounds. Many have influenced Canada’s legal system.
As civilisations grew and laws became more complex it became necessary to write them down.
Written laws have come from many different languages and backgrounds. Many have influenced Canada’s legal system.
Photo by Aaron Escobar
Code of Hammurabi
- One of the Earliest known sets of written laws.
- Punishment did not generally separate deliberate from accidental action.
- Compliance to the laws by his people because of credit given to the gods
1792-1750 BC
Hammurabi felt he had to write the code to please his gods. Unlike earlier and contemporary kings, he did not consider himself related to any god, although he did call himself "the favourite of the gods."
Hammurabi did not commonly separate deliberate action from an accidental action.
Example: If a doctor operated and killed his patient he would lose his hands.
Patriarchal (male-dominated society)
The wealthy were given more protection in law than the poor, slavery was legal and women and children were considered the property of men.
Did you know?
The Sumerian Code of Ur-Nammu (2100-2050 BC) is actually the oldest known set of written laws. It came into existence about 300 years before The Code of Hammurabi. When The Code of Hammurabi was first found in 1901 these laws were heralded as the earliest known written laws. The Code of Ur-Nammu was discovered in 1952.
Hammurabi felt he had to write the code to please his gods. Unlike earlier and contemporary kings, he did not consider himself related to any god, although he did call himself "the favourite of the gods."
Hammurabi did not commonly separate deliberate action from an accidental action.
Example: If a doctor operated and killed his patient he would lose his hands.
Patriarchal (male-dominated society)
The wealthy were given more protection in law than the poor, slavery was legal and women and children were considered the property of men.
Did you know?
The Sumerian Code of Ur-Nammu (2100-2050 BC) is actually the oldest known set of written laws. It came into existence about 300 years before The Code of Hammurabi. When The Code of Hammurabi was first found in 1901 these laws were heralded as the earliest known written laws. The Code of Ur-Nammu was discovered in 1952.
Photo by The man with the golden cam
Code of Hammurabi
- Laws were based on retribution and restitution
- "If anyone steals cattle or sheep, a pig or a goat, the thief shall pay tenfold; if the thief has nothing with which to pay he shall be put to death."
Retribution:
Based on revenge / punishment. (Eye for an eye.)
Restitution:
Payment made to the victim of a crime.
Based on revenge / punishment. (Eye for an eye.)
Restitution:
Payment made to the victim of a crime.
Photo by Gabriele Barni
Mosaic Law
- The 10 commandments form the beginning of this type of law.
- Important to the development of Canadian law.
Biblical law is important to the development of Canadian law due to the fact that the foundation of our society was largely from individuals who held Christian beliefs.
The Ten Commandments and other Mosaic laws are found in the first five books of the Old Testament.
In Judaism, these first five books are called the Torah, which means “the law”
A key distinction between Hammurabi's laws and Mosaic law was that Mosaic law was more focused on the punishment of deliberate action.
The Ten Commandments and other Mosaic laws are found in the first five books of the Old Testament.
In Judaism, these first five books are called the Torah, which means “the law”
A key distinction between Hammurabi's laws and Mosaic law was that Mosaic law was more focused on the punishment of deliberate action.
Photo by Joshua Daniel O.
Mosaic Law Examples
- "If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep"
- "Whoever strikes his father or his mother shall be put to death…whoever curses his father or his mother shall be put to death."
Still extreme examples but non-gender specific when compared to the Code of Hammurabi.
Mosaic law was also more likely to punish the guilty party than permit a person of higher status to shift punishment to a person of lesser status.
For Example: Under Hammurabi if you were to hit another man’s wife your own wife could be put to death. (Instead of you, the responsible party).
Mosaic law was also more likely to punish the guilty party than permit a person of higher status to shift punishment to a person of lesser status.
For Example: Under Hammurabi if you were to hit another man’s wife your own wife could be put to death. (Instead of you, the responsible party).
Photo by Ben Grader
Greek Law
- The first form of democracy Approximately 400 BC.
- Voting and jury duty occurred.
- Consequently important to the development of Canadian Law.
This was not the type of democracy we know today.
Only citizens had democratic and political rights.
Women, children, aliens, and slaves were not citizens.
Non-citizens who were on trial were not allowed to speak on their own behalf. Someone who was a citizen would have to speak for them.
Juries were generally limited to 101, 501, or 1001 citizens (the odd number was to prevent a deadlock)
If someone was found guilty two sentencing options would be presented, one by the prosecution and the other by the guilty party. The jury would then vote on the sentence.
Only citizens had democratic and political rights.
Women, children, aliens, and slaves were not citizens.
Non-citizens who were on trial were not allowed to speak on their own behalf. Someone who was a citizen would have to speak for them.
Juries were generally limited to 101, 501, or 1001 citizens (the odd number was to prevent a deadlock)
If someone was found guilty two sentencing options would be presented, one by the prosecution and the other by the guilty party. The jury would then vote on the sentence.
Photo by photographerglen
The Trial of Socrates
Socrates was an ancient Greek philosopher credited for laying the foundation for western philosophy.
Socrates was accused of corrupting the youth of ancient Greece. (A crime called Sedition).
He was found guilty by a jury of 501 citizens.
He was sentenced to drink Poison Hemlock ( a neurotoxin).
Despite opportunities to escape, his belief in the rule of law had him carry out his own execution.
Socrates was accused of corrupting the youth of ancient Greece. (A crime called Sedition).
He was found guilty by a jury of 501 citizens.
He was sentenced to drink Poison Hemlock ( a neurotoxin).
Despite opportunities to escape, his belief in the rule of law had him carry out his own execution.
Photo by Thomas Hawk
Roman Law Principles
- 1) The Law must be recorded.
- 2) Justice should not be left for the judge alone to infer meaning.
The first principle resulted in the codification of laws
Codification means that laws are documented and assembled in a methodical manner.
A dictionary is codified, as all the words are in alphabetical order. Can you imagine if they weren't?
The second principle resulted in legal advisors assisting both sides of a particular dispute by explaining to the judge how the law should be applied to the situation before them.
Due to this second principle, Roman Law is important to the development of Canadian Law as it is the first society that has legal advisors, a precedent to our modern version of lawyers.
Codification means that laws are documented and assembled in a methodical manner.
A dictionary is codified, as all the words are in alphabetical order. Can you imagine if they weren't?
The second principle resulted in legal advisors assisting both sides of a particular dispute by explaining to the judge how the law should be applied to the situation before them.
Due to this second principle, Roman Law is important to the development of Canadian Law as it is the first society that has legal advisors, a precedent to our modern version of lawyers.
Photo by Gwenaël Piaser
The Roman Empire
Map shows The Roman Empire around 117 AD
The Twelve Tablets is one of the earliest of Roman codes (450 BC) and is considered the foundation for modern law.
The Twelve Tables were literally drawn up on twelve bronze tablets which were posted in the Forum so that all Romans could read and know them.
The laws of the Twelve Tablets were not a comprehensive statement of all law; they are similar to a bill of rights.
They generally took for granted such things as the institutions of the family, and various rituals for formal transactions.
Roman law promoted the public prosecution of crimes, enacted a system of victim compensation, and protected the lower class (known as plebeians) from abuse by the ruling class (known as patricians).
Canadian law was impacted by Roman law as a result of our ties with Britain, who was at one time occupied by the Roman Empire.
The Twelve Tablets is one of the earliest of Roman codes (450 BC) and is considered the foundation for modern law.
The Twelve Tables were literally drawn up on twelve bronze tablets which were posted in the Forum so that all Romans could read and know them.
The laws of the Twelve Tablets were not a comprehensive statement of all law; they are similar to a bill of rights.
They generally took for granted such things as the institutions of the family, and various rituals for formal transactions.
Roman law promoted the public prosecution of crimes, enacted a system of victim compensation, and protected the lower class (known as plebeians) from abuse by the ruling class (known as patricians).
Canadian law was impacted by Roman law as a result of our ties with Britain, who was at one time occupied by the Roman Empire.
Photo by Xerones
The Byzantine empire
it's the one in purple...
After 395 AD The Roman Empire permanently split into Eastern and Western halves, following the death of Theodosius I.
One half was called on the Byzantine Empire.
One half was called on the Byzantine Empire.
Byzantine Law
- The development of the modern idea of Justice.
- Formed the basis of what is now known as civil law.
Emperor Justinian 1st (ruled 527-565 AD) had the Roman law which was 1600 books and unorganized, refined and clarified.
This Body of law was known as Justinian's Code
The task of clarifying the law was completed in 529 AD.
Justinian's Code inspired the sense of Justice as it dealt with individual dealings (civil matters) and how to solve them
The word Justice is derived from the emperor’s name.
This Body of law was known as Justinian's Code
The task of clarifying the law was completed in 529 AD.
Justinian's Code inspired the sense of Justice as it dealt with individual dealings (civil matters) and how to solve them
The word Justice is derived from the emperor’s name.
Photo by mofoghlu
France
- After the French revolution (1789-1799) Napoleon gained control over the government of France.
- In 1804 he brought France under a new set of laws called the Napoleonic Code or French Civil Code.
The French Revolution occurred 1200 years after Justinian’s Rule and was a result of the following:
A poor economic situation, aspirations for liberty, Food Scarcity, Unemployment, religious intolerance, and resentment of noble privilege and dominance in public life.
The intention behind the Napoleonic Code was to reform the French legal system in accordance with the principles of the French Revolution.
Before the Code, France did not have a single set of laws.
Laws depended on local customs, and exemptions. Privileges and special charters existed and were granted by the kings or other feudal lords.
A poor economic situation, aspirations for liberty, Food Scarcity, Unemployment, religious intolerance, and resentment of noble privilege and dominance in public life.
The intention behind the Napoleonic Code was to reform the French legal system in accordance with the principles of the French Revolution.
Before the Code, France did not have a single set of laws.
Laws depended on local customs, and exemptions. Privileges and special charters existed and were granted by the kings or other feudal lords.
Photo by violscraper
The Napoleonic Code
- The laws are a compromise of Germanic Law and Justinian’s Code.
- Dealt with civil matters.
- Important to the development of an aspect of Canadian Law as the Quebec Civil Code is based on the French Civil Code.
Aspects of the Napoleonic Code:
Laws could only be applied if they had been duly promulgated, and if they had been published officially. thus no secret laws were authorized.
The code prohibited laws that applied to events that occurred before the law existed.
The code also prohibited judges from refusing justice on grounds of insufficiency of the law — thereby encouraging them to interpret the law.
The code established the supremacy of the husband with respect to the wife and children, allowed divorce on a relatively liberal basis as compared to other European countries, and it also discussed property and contracts.
Judges had often defended the privileges of the social classes to which they belonged. As a result, the French Revolution took a negative view of judges making laws. This was reflected in the Napoleonic Code prohibiting judgments that exceeded the matter to be judged.
Laws could only be applied if they had been duly promulgated, and if they had been published officially. thus no secret laws were authorized.
The code prohibited laws that applied to events that occurred before the law existed.
The code also prohibited judges from refusing justice on grounds of insufficiency of the law — thereby encouraging them to interpret the law.
The code established the supremacy of the husband with respect to the wife and children, allowed divorce on a relatively liberal basis as compared to other European countries, and it also discussed property and contracts.
Judges had often defended the privileges of the social classes to which they belonged. As a result, the French Revolution took a negative view of judges making laws. This was reflected in the Napoleonic Code prohibiting judgments that exceeded the matter to be judged.
Photo by geirarne
