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Historical Roots of Law

Historical Roots of Law. The earliest laws…. Existed in the form of “rules” from the time people began to interact Based on common sense or practicality Passed on by word of mouth As population grew became more complex Necessary to put laws in writing Commonalities across civilizations.

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Historical Roots of Law

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  1. Historical Roots of Law

  2. The earliest laws… • Existed in the form of “rules” from the time people began to interact • Based on common sense or practicality • Passed on by word of mouth • As population grew became more complex • Necessary to put laws in writing • Commonalities across civilizations

  3. Early Written Laws • Great Laws of Manu—India, 1280-880 BCE. Compiled laws that had been passed orally • Code of Lik’vei—China, 350 BCE. Included laws on theft, robbery, prison and arrest

  4. Code of Hammurabi • Hammurabi was the King of Babylon (1792-1750 BCE) • Codified the rules and penalties for every aspect of life • Attributed his laws to the gods, who people feared and respected • Reflected a male-dominated society • Wealthy given more protection than the poor • Clear hierarchy of power

  5. If a son strikes his father, they shall cut off his hand Hammurabi’s laws were based on retribution NOT restitution.

  6. Hammurabi: • Made no distinction between accident and deliberate action • Favoured the wealthy and powerful, who often went unpunished • Often had excessive and cruel punishments • Recognized that the strong should protect the weak • Made it clear that people should not lie, especially at trial For the most part, many of his laws were reasonable and just.

  7. Mosiac Law • Also known as Biblical Law or Hebrew Law • Includes the Ten Commandments • Similar basic principles to Hammurabi yet somewhat more evolved • Punish deliberate action, not accident • More likely to punish guilty party • Care for the poor was important

  8. Greek Law • First form of democracy was in Greece BUT… • Only a small percentage of citizens had rights. • Citizens expected to participate—voting, earliest jury system, • Both sides could argue for a penalty and the jury decided

  9. Roman Law • Two basic principles: (1)law must be recorded and (2) jsutuice could not be left in hands of judges alone • Advances: public prosecution of crime, system of victim compensation, protection for lower classes from upper class abuse, a person could seek legal advice—the first legal advisors • Not so much….Women were still not even mentioned and had no status.

  10. Justinian’s Code • New body of law based on the old Roman Code • Inspired the modern concept of justice • One of the main systems to influence Western Civilization • Elements still found in modern law today

  11. Napoleonic Code--1804 • Developed after French Revolution • Also known as French Civil Code • Popular—simple style made it accessible to the average person • Regulated civil matters—property, wills, contracts, family law • NOT A CRIMINAL CODE

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