Historical Roots of Law

Historical Roots of Law

Code of Hammurabi (1792 – 1750 BCE) • Laws reflected a patriarchal, male dominated society • Higher members of society would be punished, but women or slaves would actually receive retribution • No distinction made between an accident and a deliberate action

Code of Hammurabi (1792 – 1750 BCE) • Many of the laws were based on retribution – an eye for an eye type of justice • Other laws focused on restitution, meaning compensation payment would be made to the victim

Mosaic Law (c. 1250 BCE) • One of the greatest influences of modern law in Canada is Mosaic (biblical) law or the Ten Commandments • Basic principles are similar to the Code of Hammurabi, yet the laws had evolved (ex: less gender specific) • Law was more concerned with punishing deliberate actions instead of accidental acts of harm • Punishment focused on the offender and not someone of lesser social status

Greek Law (c. 400 BCE) • First form of democracy was born in Greece • Promoted citizen involvement in running the country • Voting and Jury duty both major responsibilities for citizens • Sentencing was also democratic

Roman Law (c. 450 BCE – 100 CE) • There were two basic principles in Roman Law: • The law must be recorded • Justice should not be left in the hands of judges alone to interpret

Roman Law (c. 450 BCE – 100 CE) • Roman Laws were codified and could be revised when necessary • The Twelve Tablets dictated the law of England and is considered the foundation for modern law • The practice of having a legal advisor who specializes in law

Roman Law (c. 450 BCE – 100 CE) • The Twelve Tablets Promoted: • Public Prosecution of crimes • A system of victim compensation • Protected lower classes from the ruling class • Women were not mentioned because they were not considered persons

Napoleonic Code(1804) • The Napoleonic Code’s non-technical style made laws accessible to the public • Also known as the French Civil Code • Regulated civil matters such as property, wills, contracts, and family law

Napoleonic Code(1804) Of the Rights and Respective Duties of Husband and Wife • Husband and wife mutually owe to each other fidelity, succour (help), and assistance • The husband owes protection to his wife, the wife obedience to her husband • The wife is obliged to live with her husband, and follow him wherever he may think proper to dwell; the husband is bound to receive her, and to furnish her with everything necessary for the purposes of life, according to his means and condition • The wife can do no act in law without the authority of her husband Of Causes of Divorce • The husband may demand divorce for cause of adultery on the part of the wife • The wife may demand divorce for cause of adultery on the part of her husband, where he shall have kept his concubine in their common house

Key Definitions Codified – Laws that are arranged and recorded systematically Retribution – Justice based on vengeance and punishment Restitution – Payment made by the offender to the victim of a crime

Historical Roots of Law