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Constitutional Law 1.2 History of Law

Constitutional Law 1.2 History of Law. Intro to Law. The earliest known law codes originated in Mesopotamia, or modern-day Iraq. One of the earliest and most significant law codes was Hammurabi’s Code.

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Constitutional Law 1.2 History of Law

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  1. Constitutional Law1.2 History of Law

  2. Intro to Law • The earliest known law codes originated in Mesopotamia, or modern-day Iraq. • One of the earliest and most significant law codes was Hammurabi’s Code. • Laws reflected a patriarchal society, and there was no difference between an intentional crime and an accident. • The goal of early legal codes was retribution, meaning the punishment should fit the crime. A prime example would be “an eye for an eye,” from Hammurabi’s Code. • The opposite of retribution is utilitarianism, which aims for the greatest good for the greatest number of people. Ex: rehab instead of prison, deterring criminals instead of punishing them strictly, etc.

  3. Mosaic Law • Mosaic Law, or Biblical Law, begins with the Ten Commandments and includes the first five books of the Old Testament: Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. Scholars think early Jewish tribes were influenced by Hammurabi’s Code. • Mosaic Law includes moral laws (murder, theft), purity laws, social laws (property, marriage), food laws (what is clean/unclean), etc. • Biblical laws focus more on restitution, or making things right after committing a crime. Ex: I steal a sheep, I must replace it.

  4. Greek and Roman Law • In Greece, citizens were expected to participate in the community via voting and jury duty. • Rome’s Twelve Tables, written in 450 BC, protected the lower class (plebeians) from the upper class (patricians). The Twelve Tables stressed that justice should not be left up to individual judges, therefore laws must be written and trials must be public.

  5. Muslim Law • Muslim law draws on both the Quran, or holy text, and the Sharia law, a moral code/religious law created from examples set by Muhammad. • Muslim states were theocratic, therefore religious law was mandatory. Criticism of the government was considered blasphemy, a crime punishable by death according to Sharia law.

  6. English Law • In 1215, King John of England signed the Magna Carta, significant because it gave a legal basis for: • Rule of law—the King is subjected to the same laws as everyone else. • Stare decisis– judges are obligated to respect outcomes of previous cases • Due process – safety from unfair action by an authority • Habeus corpus – controls over imprisonment; a person under arrest must be brought before the court to prevent unlawful detention.

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