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Historical Foundations of Law

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Joseph Han

on 16 September 2013

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Transcript of Historical Foundations of Law

Historical Foundations of Law
Babylon/Hammurabi
Historical Group/Person Involved
-1240B.C.E. , Moses received the Ten Commandments from God at Mount Sinai.
-Moses delivered the commandments to the Hebrews
-Mosaic law shares similarities with the Code of Hammurabi
Main Features of Legal System
-The Ten Commandment laws had to be obeyed to the fullest extent
-Mosaic laws were difficult to follow
-Acts of murder, adultery, theft, and false witnessing were severely punished
-For example, adultery was punished by execution by stoning.
Historical Group/Person involved

1750B.C.E. Babylon
-Hammurabi, the King of Babylon ruled Babylonia 3800years ago
-Approximately 300 laws were recorded
-Earliest record of written laws in history
-Babylonian judges played a significant role in
Main Features of Legal System
-The Code of Hammurabi falls into different divisions, such as: Family, Criminal, Labour, Property, Trade and Business
-A panel of judges made decisions for punishments by using the written laws
-The Code has a strong moral value of protecting the weak. -"Strong should not injure the weak"
-The code strongly believed in retribution. Their belief was, 'An eye for an eye, a tooth for a tooth", meaning that all criminal acts must be punished.
Examples of Laws Impact on Canadian Legal System
-Division of Laws in Code of Hammurabi influenced the structure of Canadian Laws
-As a result, Canadian Laws are also divided into family, labour, criminal, tort, property, and contract laws.
-Just like the Babylonian judges, the judges' decisions also rely heavily on written laws.
Hebrew/Mosaic Law
"I AM WHO I AM. This is what you are to say to the Israelites: 'I AM has sent me to you.'" - Exodus 3:14
1240 B.C.E.
The Ten Commandments
1. Thou shalt have no other gods before me
2. Thou shalt not make unto thee any graven image
3. Thou shalt not take the name of the lord thy God in vain
4. Remember the Sabbath Day to keep it holy
5. Honour thy father and thy mother
6. Thou shalt not kill
7. Thou Shalt not commit adultery
8. Thou shalt not steal
9. Thou shalt not bear false witness
10. Thou shalt not covet
Examples of Laws Impact on Canadian Legal System
-As Mosaic law punishment of restitution influenced Canadian law, as it became more common in our current society.
-Restitution relates to the property law of Canada.
-Mosaic Law still remains in Both the Jewish and Christian faith, laws today.
Greek

620 BC
Historical Group/Person Involved
-620BC, Lawgiver named Draco established the first written law in Ancient Greece.
-Draco's laws were known to be excessively harsh
-An Athenian statesman and lawmaker named Solon "fixed" Draco's laws by "Democratizing"
-These events took place 900BC in Ancient Greek.
Main Features of Legal System
-Greek Law contained the tort, property, and family laws.
-Law givers were chosen and appointed only to establish laws.(Not the leaders or governors)
-There were no lawyers and official judges.
-Punishments were determined in court system
Examples of Laws Impact on Canadian Legal System
-The use of law categorization helped to form the division of Canadian Laws
-Laws are determined through the house of commons and different parliaments just like in Ancient Greece
-Like in Ancient Greek, trials are determined in court nowadays.
Rome
100 C.E. and 324 C.E.
Historical Group/Person Involved
-The Roman Emperor, Justinian I
-Legal Minister Tribonian
-Group of scholars
-Took place during the time of Byzantine Empire, 534CE

Main Features of Legal System
-The Roman Laws contain both public and private laws, as well as natural law, law of nations, and civil law
-Romans created professions, such as lawyers in today's society
-The Roman laws were made up of Legal plebiscite, Senate, Constitution, Edict, and Response/Jurist
Examples of Laws Impact on Canadian Legal System
-Canadian legal system also contains both public and private laws
-As Romans created legal professions, lawyers are heavily involved in Canadian Legal System.
Justinian's Code
324 C.E.
Historical Group/Person Involved
-Byzantine Emperor, Justinian established the Justinian Code by codifying thousand years worth of Roman laws
-The Justinian Code consisted of past Roman laws and new laws written by Justinian
-It is a part of the Corpus Juris Civilis
Main Features of Legal System
-The Justinian code heavily focuses on Equality
-According to his code, laws must be fair
-The code heavily emphasizes people's equality regardless of differing wealth and power
Examples of Laws Impact on Canadian Legal System
-Canadian Laws, as well as any other laws in today's society also emphasizes the importance of equality
-Both the Justinian Code and Canadian Laws preach common courtesy and respect among each and every individuals
Early British Law Common Law Feudalism
1066, England
Historical Group/Person Involved
-William, the duke of Normandy invaded and conquered England in 1066.
-William created a government system called the feudalism
-Appointed judges played a key role in his system of feudalism
-Feudalism created the basis of modern property laws in Canadian Legal System
-The English Common Law System was brought to North America by the colonists
Main features of Legal System
-William's nobles promised loyalty and military service to the king for the ownership of farms and lands
-Lords can punish the vassals according to their will
-William appointed special judges that traveled around England to hold trials called, "Assizes"
Examples of Laws Impact on Canadian Legal System
Canadian Constitution
Historical Group/Person Involved
-The British North American Act(BNA Act) was passed by the British Parliament in 1857
-BNA ACT led to independence of Canadian Constitution.
-Supreme court of Canada and the Parliament played a major role in developing the Canadian Constitution
-Queen Elizabeth signed the Constitution Act in 1982
Main Features of Legal System
-The system makes the rules and principles by the governed organization
-Examples of these are ,voluntary, company, and political party organizations
-Political life and governmental operations are governed by the constitution
Examples of Laws Impact on Canadian Legal System
-Constitution Act contributed to Canadian Autonomy from Britain
-Canadian Constitution governs and helps countless of organizations, as well as fulfilling many other governmental duties
Napoleonic Code
-1804
Historical Group/Person Involved
-Napoleonic Code, also referred to as Code Civil, was introduced by the Emperor, Napoleon Bonaparte
-The code was quite similar to Justinian's Code
-The event took place in 1804, after the French Revolution
Main Features of Legal System
-Napoleonic Code heavily focused on Equality and justice for each and every individual
-Division of Napoleonic Code: Persons, Property, Acquisition of Property, Civil Procedure
Examples of Laws Impact on Canadian Legal System
-Napoleonic Code formed the basis of Democratic laws
-In Canada, Quebec still uses the Napoleonic Code instead of a Common law

-By Joseph Han, John Digno
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