HISTORICAL ROOTS OF LAWCode of HammurabiCode of Hammurabi

•Earliest known recorded laws

•Patriarchal (male dominated)

•Draconian in nature (severe punishment for crimes)

•Laws attributed to gods

•Based on retribution (punishment; eye for an eye)

•Restitution – paying for damages

Mosaic (Canon) lawMosaic (Canon) law

• Found in the book of exodusFound in the book of exodus

• Ten CommandmentsTen Commandments

• Based on punishing deliberate Based on punishing deliberate actionsactions

• Help those who need help (poor)Help those who need help (poor)

Greek lawGreek law

• Democracy based on social standingDemocracy based on social standing

• Citizen involvement (voting; jury Citizen involvement (voting; jury duty)duty)

• Women still had limited or no Women still had limited or no “standing”“standing”

• Concept of jury systemConcept of jury system

Roman LawRoman Law

• Two basic principles:Two basic principles:– Law must be recorded and law is not left Law must be recorded and law is not left

in the hands of judge alone to interpreterin the hands of judge alone to interpreter

• The Twelve Tablets – codified Roman The Twelve Tablets – codified Roman lawlaw

Promoted public prosectuion; victim Promoted public prosectuion; victim compensation; protected lower class.compensation; protected lower class.

• Provided for legal counselProvided for legal counsel

Justinian’s CodeJustinian’s Code

• Modern concept of justiceModern concept of justice

• Further codified Roman lawFurther codified Roman law

• Formed the basis of civil law (laws Formed the basis of civil law (laws governing personal relationships – governing personal relationships – contracts)contracts)

Napoleonic CodeNapoleonic Code

• Unification of French lawUnification of French law

• Non-technical (easier to read and Non-technical (easier to read and understand by the public)understand by the public)

• Further divided Civil law issues Further divided Civil law issues (property law, Family law, contracts, (property law, Family law, contracts, wills)wills)

Early British lawEarly British law

• Followed local customs and traditionsFollowed local customs and traditions

• At the whim of the lord (ruler of At the whim of the lord (ruler of village)village)

• Trial by ordeal; trial by oath helping; Trial by ordeal; trial by oath helping; trial by combattrial by combat

• Present day adversarial system is Present day adversarial system is based loosely on trial by combatbased loosely on trial by combat

• Feudal System – land holding systemFeudal System – land holding system

• King had ultimate power provided by King had ultimate power provided by “divine right”“divine right”

• Nobleman were provided land who in turn Nobleman were provided land who in turn protected peasants that farm the land; protected peasants that farm the land; who in turn were at the whim of the who in turn were at the whim of the NoblemanNobleman

• Nobleman determined what the law and Nobleman determined what the law and punishment would be in each casepunishment would be in each case

Common lawCommon law

• law which is common to alllaw which is common to all

develped from the increase in disputes – develped from the increase in disputes – King sent traveling judges to hold King sent traveling judges to hold assizes (court) to resolve disputes. assizes (court) to resolve disputes. Judges began dealing with similar cases Judges began dealing with similar cases in a similar fashion. This resulted in in a similar fashion. This resulted in creating the Rule of Precedent “creating the Rule of Precedent “Stare Stare DecisisDecisis” – to stand by previous ” – to stand by previous decisionsdecisions

Legal ReformsLegal Reforms• With the advent of Common law a With the advent of Common law a

new way of dealing with issues was new way of dealing with issues was born thereby limiting the King’s born thereby limiting the King’s power.power.

• 1215 King John (King Henry II son) was 1215 King John (King Henry II son) was forced to sign forced to sign THE GREAT THE GREAT CHARTER – THE MAGNA CARTACHARTER – THE MAGNA CARTAThe Rule of Law was established The Rule of Law was established

– no one is above the law– no one is above the lawThe writ of habeas corpus – you The writ of habeas corpus – you

must have the bodymust have the body

Aboriginal lawAboriginal law

• Strong sense of a creator; family and Strong sense of a creator; family and communitycommunity

• An established legal system, An established legal system, government and social structuregovernment and social structure

• The Six Nations developed The Great The Six Nations developed The Great Binding Law which included: rights, Binding Law which included: rights, duties, responsibilities, adoption…duties, responsibilities, adoption…