Presentation Transcript

1. Historical Roots of Law

2. Word of Mouth Laws have existed for as long as people have been interacting with each other. Originally these laws were passed on through word of mouth. Why did it became necessary to write down laws? “As populations grew and people began trading, not just within their own villages but also with other nations, laws became more complex” (Law in Action p. 17)
3. Original Written Laws Great Laws of Manu – Laws from India that were written between 1280 and 880 BCE. Code of Li k’vei – A Chinese code that had been written around 350 BCE, including laws dealing with theft, robbery, prison, and arrest. Early laws were written all around the world and had many similarities, including: property rights, slavery, and treatment of women and children.
4. The Code of Hammurabi One of the earliest known set of laws. Who was Hammurabi? He was the king of Babylon who codified over 300 rules and penalities for every aspect of Babylonian life He attributed his laws to the gods, which made his laws more important as people feared and respected the gods.
5. Retribution Many of Hammurabi’s laws were based on retribution. Retribution is justice based on vengeance and punishment. It was hard to judge whether something happened as an accident or in retribution. Hammurabi’s society was based on hierarchy and those who committed a crime often went unpunished. The female relatives of men or their slaves were expected to accept retribution. Men could shift their punishment to another person.
6. Restitution While retribution may seem unjust, Hammurabi’s laws also followed the believe of restitution. Restitution is the concept of making payment to the victim of the crime. Look at the laws on page 18. What do they tell us about Babylonian society?
7. Mosaic Law Mosaic Law is Biblical or Hebrew Law and is found in the Book of Exodus. These laws are now commonly referred to as the Ten Commandments. These laws were written about 500 years after the Code of Hammurabi, but the principles are similar. Deal more with punishing than ‘an eye for an eye’ deliberate act of harm. Look at the laws on page 19. What do they tell us about Mosaic Law?
8. Greek Law The first democracy but political rights were only given to citizens. Citizens were expected to participate in major decisions affecting their country (voting and jury duty). The largest jury would be over 6000 members. Women were not allowed to speak for themselves in trial. During a trial, the accused and accuser would offer a suggestion for punishment and the jury would vote.
9. Roman Law Two Principles: 1) law must be recorded, and 2) justice cannot be left in the hands of judges to determine. Roman laws were codified for the first time on the Twelve Tablets in 450 BCE. These laws were written by 10 men and are considered the foundation of modern law. Roman’s were the first to have an advisor, or expect in the law, which are now know as lawyers.
10. Justinian’s Code The Roman Empire eventually divided into the Byzantine Empire and the Western Roman Empire. The Byzantium Emperor Justinian hired 10 men to clarify the 1600 books of Roman law. When it was complete, this new law book became known as Justinian’s Code. This book is the foundation of civil law.
11. Napoleonic Code After the French Revolution, Napoleon gained political control over France. To unify French laws, he created the Napoleonic Code, which combines Germanic law and the Justinian Code. Law become more accessible to the public and this code regulated wills, contracts, property, and family law. Look at the family law excerpt on page 23. What do they tell us about society at that time.