The Historical Roots of Law
Roman Law
- The two basic principles of Roman Law were 1) the law must be recorded and 2) justice could not be left in the hands of judges alone.
- Roman Law was written on The Twelve Tablets
- Lawyers became prevalent during Roman times
- Also known as biblical law, Mosaic Law is one of the greatest influences on our law system today.
- The ten commandments and other mosaic laws were written approximately 500 years after the death of Hammurabi, but the basics are somewhat similar.
- More concerned with the punishments of deliberate actions than an accidental act of harm.
- The Great Laws of Manu was the first written record of law in the world.
- Between 1280 and 880 BCE Indian lawmakers recorded the Great Laws of Manu; laws passed down orally from generation to generation.
- China also had a law system around 350 BCE, called the Chinese code of Lik'vei, which included theft and robbery, prison and arrest.
Code of Hammurabi
- The first form of democracy.
- Only a small portion of Athenian people, called "citizens" actually had political rights.
- Citizenship excluded women, children, aliens, and slaves.
- Employed enormous juries, with the largest recorded jury at over 6,000 members.
- If a person was found guilty, both the accused and the accuser would suggest a sentence.
- One of the earliest-known sets of written laws, codified by the King of Babylon, Hammurabi (1792-1750 BCE)
- These laws reflected a male-dominated society, where slavery was legal and women and children were considered the property of men.
- Focused on retribution-punishment inflicted on someone as vengeance for a wrong or criminal act, and restitution-the concept of making payment to the victim of a crime