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The History Of Law

Importance

The Magna Carta is a very important document to history of law. It allowed people to be tried fairly (by a jury), as Habeas Corpus was introduced. The Magna Carta is also important to Canadian Law, as it is the foundation of English law. Since Canada is a colony of Britain, the Magna Carta essentially also was the foundation for the BNA Act for Canada.

Roman Law

English Bill of Rights

Code of Hammurabi

Roman law is important to the history of law as this is when the role of the lawyer was created. It was also where the basis for our modern day law system began. It relates to the creation of Canada's laws as this formed the basis for the Napoleonic Code, as well as the Justinian Code. The Napoleonic Code was is used in Quebec.

The Magna Carta/ Rule of Law

Importance

American Declaration of Independence

BNA Act/ Constitution Act (Canada)

(100 CE)

(1792-1750 BCE)

(December 16th, 1689)

(June 15th, 1215)

(July 4th, 1776)

(July 1st, 1867)

  • Had public and private law
  • Concerned with the relationships between people, their legal actions, and their rights
  • Males usually took the role of the lawyer/legal person
  • Roman Law was the basis for the Napoleonic Code, which is still used today
  • King William and Queen Mary accepted the English Bill of Rights as a condition to their rule
  • Limits the power of sovereign (monarchies) and allows for freedom of speech in Parliament
  • Required that members of parliament be elected
  • The right to petition the monarch without fear of retribution
  • Gave English citizens basic rights
  • Act for the Union of Nova Scotia, New Brunswick, Quebec & Ontario (Upper & Lower Canada)
  • Includes issues and rights concerning marriage, government, and criminal law
  • Explains that government powers are divided between federal and provincial government
  • Discusses the House of Commons and the Senate (where laws/bills get passed)
  • Created by Hammurabi, king of Babylon
  • It is the oldest known set of laws, and contains approximately 282 laws
  • Laws are carved onto a rock that is 2.4m high
  • The code provides protection for everyone in society, which includes women and slaves
  • Laws were organized into sections including military service, slavery and trade
  • One of the most well known examples is "An eye for an eye"

The BNA Act/Constitution Act of Canada is a very important part of the history of law, as well as the history of Canada, as it was the day that Canada became a country. The BNA Act is a key part of Canada's Constitution, and gives important insight on how the Senate and the House of Commons runs. It also provides important information on immigration, education, and power.

  • King John was forced to sign the Magna Carta by 40 barons
  • Was written to protect the rights and property of the people of England against King John
  • Allowed for the formation of parliament as well as became the basis for citizen's rights in England
  • Beginning of a constitutional government in England
  • Limited the power of the king, as laws needed to be approved by the citizens (no bias)
  • King couldn't break his own rule/law

Importance

  • Drafted by Thomas Jefferson, John Adams, Ben Franklin, Roger Sherman, and Robert R. Livingston
  • Approved by the Second Continental Congress that met in Philadelphia in the Pennsylvania State House
  • This severed ties to the British Crown (13 American colonies now independent states)
  • Gave the citizens rights and equality
  • 27 grievances

Importance

The American Declaration of Independence is very important to the history of law as it represents when America becomes independent of Britain, and they now have their own legal system and rights. It is also important to Canada's Laws as the United States are right next to Canada, so many laws and rights will be very similar. However, there are still differences. An example would be the right to own firearms. American being independent also affects trade and foreign relations with Canada.

The English Bill of Rights is important to the history of law as it allowed people to petition against the Monarch without having to fear for retribution. It also limited the power of the monarch and gave the citizens more rights. One of the most important ones is freedom of speech in parliament. The English Bill of Rights is also important to Canadian Law as many of the rights that Canadian citizens have today are very similar to those that are found in the English Bill of Rights. It can be said that the English Bill of Rights served as the foundation for the Canadian Bill of Rights.

Importance

The Code of Hammurabi is a very important part of the history of law as it was the earliest codified body of laws to exist; it formed the basis for law of future generations and civilizations. It is also important for the creation of Canada's laws, as it was the first time that people realized justice was needed for those who committed a crime, as well as those who were victims of crimes. It was also the earliest example of being innocent until proven guilty, or presumption of innocence. Since the code was carved into stone, the punishments were fair; they weren't biased.

Importance

The Justinian Code is important to the history of law as it encouraged equity. It was also important as the punishments for people who had committed crimes weren't affected by their social status. This is similar to situations today, since everyone is treated equally, and are tried the same, no matter how rich or poor you are. The Justinian Code also served as the foundation for international law, as many parts of it are still used today, including in Canadian law.

Importance

Justinian Code

Mosaic Law

Revolt Vs. King Henry III

Salem Witch Trials

Importance

The Salem Witch Trials are important to the history of law as it is one of the most well known trials in history. It also relates to law today as restitution was given to the families that were affected by the trials, and restitution is still used today. The Salem Witch Trials are also important because it is and example of an unjust law system, and reminds us to not repeat the same mistake again, so no more innocent lives are taken.

Statute of Westminster

Napoleonic Code

(534 CE)

(1265)

(1240 BCE)

(1692-1693)

(December 11th, 1931)

(1804)

  • A British law clarifying the powers of Canada's Parliament and other Dominions
  • Passed by the British Parliament
  • Gave Canada the power to control its foreign affairs
  • When countries gained legislative independence
  • King Henry vs. Simon de Montfort
  • First parliament was formed by de Montfort when he took control of the government after defeating King Henry in the Battle of Lewes
  • 9 people were selected for council and ruled in the name of the King
  • Henry's son Edward defeated de Montford at the battle of Evesham (founder of parliament killed)
  • Established under Napoleon I
  • Otherwise known as the French Civil Code
  • Derived from the Justinian Code as well as Roman Law
  • Used by most of Europe
  • Encouraged equity and freedom of religion
  • Forbade privileges based on birth

The Revolt vs. King Henry III is important to the history of law as this is when parliament was born. The nobles wanted more power, and they wanted the King to have less, so when Henry was defeated by de Montfort, a council of 9 was started and ruled. This also relates to Canada's laws as Canada uses a democratic parliament system, which was started because of this revolt.

Importance

  • Took place in Massachusetts
  • More than 200 people were accused of practicing witchcraft, and 20 were executed
  • Governor William Phipps was the one who ordered the establishment of a Special Court of Oyer and Terminer where the trials were held
  • Governor Phipps stopped the arrests and released the prisoners as well as dissolved the Court of Oyer and Terminer only after his own wife was questioned for witchcraft
  • It was too late; 19 people were already hanged on Gallows Hill, and a 71 year old man was pressed to death with heavy stones
  • Massachusetts formally apologized in 1957 -250 years later
  • Laws that God created for the people of Israel, that were passed through Moses
  • Contained 613 laws (365 negative & 248 positive), the moral code, the social code, and the ceremonial code
  • Similar to Hammurabi's Law Code
  • Said that Moses received the Ten Commandments from God and are the first part of the Mosaic Law
  • Often included sacrifice and harsh punishments
  • Created by the emperor of the Byzantine Empire, Justinian
  • Justinian Code is the code of laws that Emperor Justinian had codified from existing Roman laws by a group of scholars
  • Made up of the Code, the Digest, and the Institutes
  • The Code was the existing Roman laws
  • The Digest was a guide for judges, as well as a summary of common law
  • The Institutes was the introduction to law and the code that was intended for law students
  • Further divided into public (government) and private (individuals) law

Mosaic Law is important to the history of law as it has influenced and plays a big role in both Jewish and Christian religion. The Ten Commandments are a part of the Mosaic Law, and is something that is very well known today. The Ten Commandments also relates to Canada, as Canada doesn't have laws against things like adultery, but most people don't commit adultery anyways. Restitution was also influenced by the Mosaic Law, and is something that still happens today.

Importance

The Statute of Westminster is important to the history of law as it marked the time when many countries gained legislative independence, including Canada. The Statute of Westminster gave Canada independence as well as power as an individual country, and allowed Canada to control its own foreign affairs. It also prevents the Parliament of the UK from having the ability to make laws ineffective because they are adverse to England's laws.

Importance

The Napoleonic Code is important as it strongly emphasizes equity as well as freedom. Both of these things are also emphasized in laws today. The Napoleonic Code also served as the basis for the civil law that Quebec uses today.

By: Rebecca Chen

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