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Historical Roots of Law . 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. The earliest laws….
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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 The earliest 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 Early Written Laws
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
If a son strikes his father, they shall cut off his hand Hammurabi’s laws were based on retribution NOT restitution.
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 Hammurabi: For the most part, many of his laws were reasonable and just.
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
http://www.youtube.com/results?search_query=mosaic%20law&sm=3http://www.youtube.com/results?search_query=mosaic%20law&sm=3
Thou shalt not kill Thou not steal If a man steals an ox or a sheep and kills or sells it, he shall restore five oxen for an ox and four sheep for a sheep If a thief is found breaking in and be smitten that he die, there hall be no blood shed for him Thou shalt not raise a false report, or put thine hand with the wicked to be an unrighteous witness Laws from the Bible
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
Did you know the word “democracy” comes from the ancient Greek word demos which means “the people?”
Two basic principles: (1)law must be recorded and (2) justice 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. Roman Law
New body of law based on the old Roman Code He wanted to clarify and modernize a complex law system Inspired the modern concept of justice One of the main systems to influence Western Civilization Elements still found in modern law today Emperor of the Byzantine Empire Justinian’s Code
Did you know the word “justice” is derived from the Emperor’s name? http://www.youtube.com/watch?v=70si9RQGa_M
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