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The origins of law

The origins of law. A SIMPLE definition. Laws : rules that are created by a government or ruling body upon which a society bases what it, or is not, considered acceptable behaviour. Legal and non-legal rules.

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The origins of law

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  1. The origins of law

  2. A SIMPLE definition Laws: rules that are created by a government or ruling body upon which a society bases what it, or is not, considered acceptable behaviour.

  3. Legal and non-legal rules • In our society we have legal and non-legal rules. While there are cases where some rules are also laws, there are distinct differences between the two. • Laws generally apply to ALL members of a particular society, non-legal rules do not.

  4. Non-Legal Rules • Family rules • Cultural norms • School rules • Rules of morality *provide an example for each of these

  5. Who makes our laws? • Laws can be made by parliament : both federal and state. • Laws can be made by judges, through the establishment of a legal precedent.

  6. Origins of Law But where did we get the idea to have laws?

  7. King Hammurabi of Babylon • King Hammurabi was the sixth ruler of the first dynasty of Babylon (modern day Iraq). He reigned for forty two years (1792-1750 BCE). • The Laws of Hammurabi is the longest and best organized law collection from the Mesopotamian civilisation. • He wrote over 280 laws for his followers to obey. These laws were written on a two metre high, stone pillar: Hammurabi’s Code

  8. Hammurabi’s Code Hammurabi was a strong and merciless ruler. Some of these laws are listed below: Law 153If a man’s wife has her husband killed on account of her relationship with another male, they shall impale that woman.Law 162If a man assists a slave to escape, then he shall die. Law 195If a child should strike his father, they shall cut off his hand. Law 228 If a builder constructs a house for a man but does not make his work sound, and the house that he constructs collapses and causes death of the householder, that builder shall be killed.

  9. Ancient Laws • Other societies’ laws related to their cultures. In many communities, these were based on RELIGION. • The longest surviving laws are from Judaism and Islam. • The Jewish nation (Hebrews) obeyed the ten commandments and the laws of the Torah. • The Muslims followed the Five Pillars of Islam.

  10. The Ten Commandments • Have no other God but me • Make no graven images nor worship them • Do not take my name in vain • Remember the seventh day and keep it holy • Honour your father and mother • Commit no murder • Commit no adultery • Do not steal • Do not bear false witness • Do not covet your neighbour’s wife or neighbours possessions

  11. The Five Pillars of Islam • Faith or belief in Allah as the one God and Mohammed is the messenger • Establishment of the daily prayers • Concern for and almsgiving to the needy • Self-purification through fasting • The pilgrimage to Mecca for those who are able

  12. In Australia today, we would generally regard these religious laws as moral laws that are not necessarily enforced by the legal system. • In other parts of the world, however; religious laws are the very foundation and fabric of society.

  13. Learning Activity 1 Working on your own you are to create your own 10 Commandments. You have 15 minutes to complete the task. All of your commandments must be logical and rational. You must be able to explain your commandments to the class.

  14. Origins of Australia’s Laws Handout

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