1 / 28

The Early History of Law

The Early History of Law. Evolution of Canadian Law. 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

kemp
Download Presentation

The Early History of Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Early History of Law

  2. Evolution of Canadian Law 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 England – King William Feudalism (1066) Precedents  English Common Law Justinian Code (534 C.E.) Byzantine Emperor Justinian codified 1000 years of Roman Laws Case Law Magna Carta 1215 -Established the Rule of Law Napoleonic Code (1804) 1265 – First Parliament Canadian Law 1689 – Bill of Rights

  3. Code of Hammurabi1760 B.C.

  4. Code of Hammurabi • One of the earliest records of written laws • Famous King who ruled Babylonia (now Iraq) • Took 300 laws and recorded them • Unearthed in 1901 in Susa, Iran.

  5. Code of Hammurabi • Code organized laws according to headings such as: Family * Property • Criminal * Trade & Business • Labour

  6. Code of Hammurabi • Judges used to decide punishments • Crimes punishable by death required a panel of judges

  7. Code of Hammurabi Followed the following principles: Strong should not injure the weak • Retribution – “an eye for an eye, a tooth for a tooth.”

  8. Excerpts from the Code • If a man has borne false witness in a trial, or has not established the statement that he has made, if that case be a capital trial, that man shall be put to death. • If a man has struck his father, his hands shall be cut off. • If a man destroy the eye of another man, they shall destroy his eye. • If a surgeon has operated…..and has made him lose his eye, this hands shall be cut off

  9. Moses and Mosaic Law • Set out in the first five books of the Old Testament • Genesis • Exodus • Leviticus • Numbers • Deuteronomy

  10. Excerpts from Mosaic Law • 21:15 Whoever strikes his father or his mother shall be put to death. • 21:17 Whoever curses his father or his mother shall be put to death. • 23:1 You shall not utter a false report. You shall not join hands with a wicked man to be a malicious witness • 22:1 If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a sheep. He shall make restitution; if he has nothing, he shall be sold for his theft.

  11. Roman Law • Basis of law for Western Europe except England • As the Roman Empire grew as did the number and complexity of laws, Romans created the study of legal matters  Role of Lawyers

  12. Roman Law • 324 C.E. Emperor Constantine transferred capital of Roman Empire to Byzantium (now Turkey) • 534 C.E. Emperor Justinian codified 1000 years of Roman Laws and produced the Justinian Code • Justinian Code  Emphazised Equity

  13. Roman Law Equity • The idea that law should be fair and just; • All people are equal under the law regardless of their wealth and power

  14. Roman Law • 1804 after French Revolution, Napoleon revised French law which had been based on Roman law and the Justinian Code. • These revisions and new set of civil laws was called the Napoleonic Code, or the French Civil Code. • Napoleon conquered much of Europe, so the Napoleonic Code became a model for many European countries. • It’s the basis of Quebec’s civil law today

  15. England – Feudalism • In 1066, William, Duke of Normandy (now France), invaded and conquered England  King William • King William introduced the system of government called feudalism

  16. Feudalism KING • Owned all the Land • Gave out parcels or manors of land to Lords and Barons • Lords, as the King’s Vassals: • Owed King allegiance and military service • Helped in local administration • Acted as sole judge over their own vassals/freemen BARONS LORDS • 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 FREEMAN FREEMAN

  17. Feudalism Common Law Precedent Case Law Common Law is often called Case Law

  18. Precedent • Something that has been done that can later serve as an example or rule for how other things of similar nature should be done in the future. • Lawyers and Judges refer to earlier decisions on cases that are identical or similar to the one they are dealing with. • Precedents influence and guide judges decisions, verdicts, and sentencing decisions • Creates an element of certainty in cases being tried.

  19. Case Law • As number of cases increased, recording decisions became necessary • Today all court cases are recorded and published in paper and electronic form • Each case is given a citation to help individuals identify the case and where to find it.

  20. Case Citation • Identifies if the case is public (i.e. criminal) or private (family law) • Identifies the court that heard the case • Identifies the name of the law report it is located in, the volume number and the page number • Identifies the year the decision was made Examples: R. v. Bates (2000), 35 C.R (5th) 327 (Ont C.A.) Langille et all. V. McGrath (2000), 233 N.B.R. (2d) 29 (N.B.Q.B)

  21. The Rule of Law England’s King John (1199 -1216) considered himself above the law

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

  23. Magna Carta Recognizes the principle of the Rule of Law (No one is above the law and all are equally subject to the law); Idea of equality became important; No ruler could restrict peoples’ freedoms without reason; People’s rights could not be changed without their consent. Right of Habeas Corpus – individuals who are imprisoned have a right to appear before courts within a reasonable time.

  24. The Rule of Law In Canada It means: • No one is above the law • Might is not right • Resolving disputes by peaceful means is better for individuals and society as a whole • Brings order by preventing violence and the abuse of human rights

  25. The establishment of Parliament After 1215 signing of the Magna Carta, the struggle for power between the Kings of England and nobles continued.

  26. The First Parliament • 1265 – Revolt by nobles against King Henry III. Nobles wanted more power. Representatives were called from all parts of England to form the first Parliament. Power struggle continued for 400 more years.

  27. Parliament Replaces King • 1688 King James II tried to make England a Catholic country • Nobles and bishops revolted against him and forced him to flee • Made his daughter, Mary and her husband, William the new queen and king of England. • 1689, Parliament passed the Bill of Rights • Bill guaranteed free speech, free elections, and freedom of assembly.

  28. Statute Law (Substantive Laws) • As society grew and changed, common law and case law could not provide answers to all legal questions • Parliament began to make new laws to deal with new situations  laws (statutues) passed by parliament.

More Related