The Early History of The Early History of LawLaw

Evolution of Canadian Evolution of Canadian LawLaw

Local customs and beliefs were law * based on common sense * passed on to future generations by

word of mouth.

1760 BC - Code of Hammurabi

Mosaic Law- (First 5 books of the Old Testament)

Roman Law – Western Europe including France

Introduced legal profession of lawyers

Justinian Code (534 C.E.)

Byzantine Emperor Justinian codified 1000 years of Roman Laws

Napoleonic Code (1804)

England – King William

Feudalism (1066)

Precedents English Common Law

Case Law

Magna Carta 1215 -Established the Rule of Law

1265 – First Parliament

1689 – Bill of RightsCanadian Law

Code of HammurabiCode of Hammurabi1760 B.C.1760 B.C.

Code of HammurabiCode of Hammurabi

One of the earliest records ofOne of the earliest records of written laws written laws

Famous King who ruled BabyloniaFamous King who ruled Babylonia (now Iraq) (now Iraq)

Took 300 laws and recorded themTook 300 laws and recorded them

Unearthed in 1901 in Susa, Iran.Unearthed in 1901 in Susa, Iran.

Code of HammurabiCode of Hammurabi

Code organized laws according to Code organized laws according to headings such as:headings such as: Family * PropertyFamily * Property

Criminal * Trade & Criminal * Trade & BusinessBusiness

LabourLabour

Code of HammurabiCode of Hammurabi

Judges used to decide Judges used to decide punishmentspunishments

Crimes punishable by deathCrimes punishable by death required a panel of judges required a panel of judges

Code of HammurabiCode of Hammurabi

Followed the following principles:Followed the following principles:

Strong should not injure the weakStrong should not injure the weak

Retribution – “an eye for an eye, aRetribution – “an eye for an eye, a tooth for a tooth.” tooth for a tooth.”

Excerpts from the Excerpts from the CodeCode3.3. If a man has borne false witness in a If a man has borne false witness in a

trial, or has not established the trial, or has not established the statement that he has made, if that statement that he has made, if that case be a capital trial, that man shall case be a capital trial, that man shall be put to death.be put to death.

195.195. If a man has struck his father, his If a man has struck his father, his hands shall be cut off.hands shall be cut off.

196.196. If a man destroy the eye of another If a man destroy the eye of another man, they shall destroy his eye.man, they shall destroy his eye.

197.197. If a surgeon has operated…..and has If a surgeon has operated…..and has made him lose his eye, this hands shall made him lose his eye, this hands shall be cut offbe cut off

Moses and Mosaic LawMoses and Mosaic Law

Set out in the first five books of Set out in the first five books of the Old Testamentthe Old Testament– GenesisGenesis– ExodusExodus– LeviticusLeviticus– NumbersNumbers– DeuteronomyDeuteronomy

Excerpts from Mosaic Excerpts from Mosaic LawLaw 21:15 Whoever strikes his father or his 21:15 Whoever strikes his father or his

mother shall be put to death.mother shall be put to death. 21:17 Whoever curses his father or his 21:17 Whoever curses his father or his

mother shall be put to death.mother shall be put to death. 23:1 You shall not utter a false report. You 23:1 You shall not utter a false report. You

shall not join hands with a wicked man to be shall not join hands with a wicked man to be a malicious witnessa malicious witness

22:1 If a man steals an ox or a sheep, and 22:1 If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep. He shall ox, and four sheep for a sheep. He shall make restitution; if he has nothing, he shall make restitution; if he has nothing, he shall be sold for his theft.be sold for his theft.

Roman LawRoman Law

Basis of law for Western EuropeBasis of law for Western Europe except England except England

As the Roman Empire grew as didAs the Roman Empire grew as did the number and complexity of the number and complexity of laws, Romans created the study of laws, Romans created the study of legal matters legal matters Role of Lawyers Role of Lawyers

Roman LawRoman Law

324 C.E. Emperor Constantine 324 C.E. Emperor Constantine transferred capital of Roman Empire transferred capital of Roman Empire to Byzantium (now Turkey)to Byzantium (now Turkey)

534 C.E. Emperor Justinian codified 534 C.E. Emperor Justinian codified 1000 years of Roman Laws and 1000 years of Roman Laws and produced the Justinian Codeproduced the Justinian Code

Justinian Code Justinian Code Emphazised Equity Emphazised Equity

Roman LawRoman Law

EquityEquity The idea that law should be fair The idea that law should be fair

and just;and just; All people are equal under the law All people are equal under the law

regardless of their wealth and regardless of their wealth and powerpower

Roman LawRoman Law

1804 after French Revolution, Napoleon 1804 after French Revolution, Napoleon revised French law which had been based on revised French law which had been based on Roman law and the Justinian Code.Roman law and the Justinian Code.

These revisions and new set of civil laws was These revisions and new set of civil laws was called the Napoleonic Code, or the French called the Napoleonic Code, or the French Civil Code.Civil Code.

Napoleon conquered much of Europe, so the Napoleon conquered much of Europe, so the Napoleonic Code became a model for many Napoleonic Code became a model for many European countries.European countries.

It’s the basis of Quebec’s civil law todayIt’s the basis of Quebec’s civil law today

England – FeudalismEngland – Feudalism

In 1066, William, Duke of In 1066, William, Duke of Normandy (now France), invaded Normandy (now France), invaded and conquered England and conquered England King King WilliamWilliam

King William introduced the King William introduced the system of government called system of government called feudalismfeudalism

FeudalismFeudalism KING

• Owned all the Land

• Gave out parcels or manors of land to Lords and Barons

LORDS BARONSLords, as the King’s Vassals:

• Owed King allegiance and military service

• Helped in local administration

• Acted as sole judge over their own vassals/freemen

FREEMAN FREEMAN

Freemen, as vassals to the Lords and Barons

Served in the Lord’s Army

• Worked Lord’s land and their own

• Gave shares off all they produced to the Lord and the church

FeudalismFeudalism

Common LawCommon Law

PrecedentPrecedent

Case LawCase Law

Common Law is often called Case Common Law is often called Case LawLaw

PrecedentPrecedent Something that has been done that can later Something that has been done that can later

serve as an example or rule for how other serve as an example or rule for how other things of similar nature should be done in the things of similar nature should be done in the future.future.

Lawyers and Judges refer to earlier decisions Lawyers and Judges refer to earlier decisions on cases that are identical or similar to the on cases that are identical or similar to the one they are dealing with.one they are dealing with.

Precedents influence and guide judges Precedents influence and guide judges decisions, verdicts, and sentencing decisionsdecisions, verdicts, and sentencing decisions

Creates an element of certainty in cases Creates an element of certainty in cases being tried.being tried.

Case LawCase Law

As number of cases increased, As number of cases increased, recording decisions became necessaryrecording decisions became necessary

Today all court cases are recorded and Today all court cases are recorded and published in paper and electronic formpublished in paper and electronic form

Each case is given a citation to help Each case is given a citation to help individuals identify the case and where individuals identify the case and where to find it.to find it.

Case CitationCase Citation

1.1. Identifies if the case is public (i.e. criminal) Identifies if the case is public (i.e. criminal) or private (family law)or private (family law)

2.2. Identifies the court that heard the caseIdentifies the court that heard the case3.3. Identifies the name of the law report it is Identifies the name of the law report it is

located in, the volume number and the located in, the volume number and the page numberpage number

4.4. Identifies the year the decision was madeIdentifies the year the decision was made

Examples: Examples:

R. v. Bates (2000), 35 C.R (5R. v. Bates (2000), 35 C.R (5thth) 327 (Ont C.A.)) 327 (Ont C.A.) Langille et all. V. McGrath (2000), 233 N.B.R. (2d) 29 (N.B.Q.B)Langille et all. V. McGrath (2000), 233 N.B.R. (2d) 29 (N.B.Q.B)

The Rule of LawThe Rule of Law

England’s King JohnEngland’s King John

(1199 -1216) (1199 -1216) considered himself considered himself above the law above the law

The Rule of LawThe Rule of Law

The nobility, clergy The nobility, clergy and and freemen forced freemen forced King King John to sign John to sign the Magna the Magna Carta Carta (The Great (The Great Charter) in 1215.Charter) in 1215.

Magna CartaMagna Carta

Recognizes the principle of the Rule of Law (No Recognizes the principle of the Rule of Law (No one is above the law and all are equally one is above the law and all are equally

subjectsubject to the law); to the law);

Idea of equality became important;Idea of equality became important;

No ruler could restrict peoples’ freedoms withoutNo ruler could restrict peoples’ freedoms without reason; reason;

People’s rights could not be changed withoutPeople’s rights could not be changed without their consent. their consent.

Right of Habeas Corpus – individuals who areRight of Habeas Corpus – individuals who are imprisoned have a right to appear before courts imprisoned have a right to appear before courts

withinwithin a reasonable time. a reasonable time.

The Rule of Law In The Rule of Law In CanadaCanada

It means:It means: No one is above the lawNo one is above the law Might is not rightMight is not right Resolving disputes by peaceful Resolving disputes by peaceful

means is better for individuals and means is better for individuals and society as a wholesociety as a whole

Brings order by preventing violence Brings order by preventing violence and the abuse of human rightsand the abuse of human rights

The establishment of The establishment of ParliamentParliament

After 1215 signing of the Magna After 1215 signing of the Magna Carta, the struggle for power Carta, the struggle for power

between the Kings of England and between the Kings of England and nobles continued.nobles continued.

The First ParliamentThe First Parliament

1265 – Revolt by nobles against King Henry III. 1265 – Revolt by nobles against King Henry III.

Nobles wanted more power.Nobles wanted more power.

Representatives were called from all Representatives were called from all parts of England to form the firstparts of England to form the firstParliament.Parliament.

Power struggle continued for 400 morePower struggle continued for 400 more years. years.

Parliament Replaces Parliament Replaces KingKing 1688 King James II tried to make England 1688 King James II tried to make England

a Catholic countrya Catholic country Nobles and bishops revolted against him Nobles and bishops revolted against him

and forced him to fleeand forced him to flee Made his daughter, Mary and her Made his daughter, Mary and her

husband, William the new queen and king husband, William the new queen and king of England.of England.

1689, Parliament passed the Bill of Rights1689, Parliament passed the Bill of Rights Bill guaranteed free speech, free Bill guaranteed free speech, free

elections, and freedom of assembly. elections, and freedom of assembly.

Statute Law Statute Law (Substantive Laws)(Substantive Laws)

As society grew and changed,As society grew and changed, common law and case law common law and case law could not provide answers to could not provide answers to all legal questions all legal questions

Parliament began to make newParliament began to make new laws to deal with new laws to deal with new situations situations laws (statutues) laws (statutues) passed by parliament. passed by parliament.