Historical Roots of Law

1. Historical Roots of Law Tracing the Origins of Our Canadian Justice System

2. Laws as Common Sense Practices • “Community enforced rules” have always existed • These “laws” were passed down from generation to generation and they helped people co-exist just as rules and laws do today. What might these laws have been about? Hunting, ownership of property, family relationships, responsibilities, etc…

3. The Need to Put Laws into Writing Population grew Trade began between villages and between nations Laws became more complex Laws needed to be written down

4. Written laws existed all over the world, they had many similarities Babylon (present day Iran) (~1792 - ~1750 BCE) Code of Hammurabi India (1280-880 BCE) Great Laws of Manu China (350 BCE) Code of Li k’vei

5. The Code of Hammurabi http://en.wikipedia.org/wiki/Code_of_Hammurabi

6. The Code of Hammurabi • Earliest known sets of written law • Codified by King Hammurabi of Babylon Codified = systematically arranged and recorded • King said his laws came from the gods whom the people feared and respected. How would this encourage compliance?

7. The Code of Hammurabi Reflects Babylon Culture at the Time • Look at the “Laws from the Code of Hammurabi,” what can you learn from their laws? • Annotate your sheet by writing what you can learn about life in ancient Babylon (morals, society, what they valued, etc…) • Make note when you see something that is the same today (though we may word it differently) EXAMPLE “If anyone is committing a robbery and is caught, then he shall be put to death”

8. Basis of the Laws Many of Hammurabi’s laws were based on: Retribution: Justice based on vengeance and punishment (an eye for an eye) Restitution: Payment made by the offender to the victim of a crime Find an example of each from your “Laws From the Code of Hammurabi” sheet

9. Mosaic Law http://hastingsnonviolence.blogspot.ca/2012/01/justice-and-nonviolence-pair-boards-ark.html

10. Biblical Law • One of the greatest influences on our law • Biblical law = Hebrew law = Mosaic law • Based on the Ten Commandments and other laws found in the Book of Exodus • Written some 500 years after the death of Hammurabi – same basic principles http://eldersokol.blogspot.ca/2013/01/mormonism-ten-commandments.html

11. Code of Hammurabi Punishes whether action is intentional or accidental Punishment can shift from guilty party to someone of lesser status (woman, slave) Rich and powerful more protected by law Mosaic Law Punishes deliberate action Punishes the guilty party Care for the poor Evolution of Law How do we see humankind figuring out the idea of justice? Can you think of any example of how the law has evolved more today?

12. Greek Law http://www.talariaenterprises.com/product_lists/greek_wall.html

13. The Start of Democracy • The first form of democracy was born in Greece Democracy – from the Greek demos meaning “people” • Only a small % of the Athenian people had political rights – they were known as “citizens” • Citizenship excluded women, children, aliens, and slaves

14. Citizen Involvement Citizen involvement was an important principle of Greek democracy. • Participate in major decisions affecting the running of their country • Voting • Jury Duty (the jury system can be traced back to Athens, Greece in ~400 BCE) How is the expectation of citizen involvement the same or different for us here in Canada today?

15. Roman Law http://historyoftheancientworld.com/2012/12/an-outline-of-civil-procedure-in-roman-law/

16. Basic Principles of Roman Law • The law must be recorded • Justice could not be left in the hands of judges alone to interpret

17. First codified in 450 BCE, Roman law is now considered the foundation of modern law.

18. Key Points of Roman Law • Promoted the public prosecution of crimes • Had a system of victim compensation • Protected the lower classes (plebeians) from being abused by the ruling class (patricians) • Began the practice of having a legal adviser who specialized in the law (due to the sophistication and size of their society) http://www.personal.psu.edu/asg198/Final%20Project/romanempire.html

19. Justinian’s Code After 395 CE, the Roman Empire was split into the Byzantine Empire and the Western Roman Empire. Byzantine Emperor Justinian I ordered the 1600 books of Roman law to be studied, organized, and clarified. This became “Justinian’s Code” http://en.wikipedia.org/wiki/Corpus_Juris_Civilis

20. Importance of Justinian’s Code to Modern Law • Inspired the modern concept of justice • The word “justice” comes from Justinian • Code formed the basis of civil law (laws governing personal relationships) • Influence especially evident in French law (and therefore also, Quebec civil code)

21. Napoleonic Code http://yeungseok.blogspot.ca/

22. History of the Napoleonic Code Napoleonic Code = French Civil Code • Commissioned by Napoleon Bonaparte after the French Revolution • Went into effect in 1804 • Represented a compromise between the Germanic law of Northern France and the Justinian Code of Southern France • Spread through much of Europe as Emperor Napoleon took over other countries

23. Importance • Made law accessible to the public because of its non-technical style • Regulated civil matters (property, wills, contracts, family law)

24. The system of law that has had the most effect on Canadian law is British Law Next: The History of British Law