Let’s Get Started>>>

1. Let’s Get Started>>> • With a partner, read and answer the questions to the “R. V. Dudley and Stevens” case on p. 15 • Take up and discuss • What would you do in this situation? Would you eat someone? • If this case happened today, what do you think the courts would decide? • Are there other possible alternatives for the sailors in this situation?

2. Historical Roots February 12th, 2014

3. Ancient Realms • Babylon • Egypt • Greece • Rome

4. Historical Roots of Law • 1) Great Laws of Manu: • Indian laws • 1280 and 880 BCE • transferred through oral tradition • 2) Code of Li K’vei: • Chinese laws • 350 BCE • dealt with theft, robbery, prison, and arrest

5. The code of Hammurabi • The Code of Hammurabi: • Written by King Hammurabi (1791-1750BC), Babylonian Society • Laws reflected a male dominated view of society • Wealthy given more protection than the poor • Clear hierarchy of power existed – gods, king, male nobles, then their wives and children, then poor and slaves • Laws were based on retribution – “an eye for an eye”, vengeance and justice • Restitution- payment made by the offender to the victim of a crime. • Goal is to put the victim in the position they were before the crime. Ex. Someone hits your car. The judge orders them to pay for all the damages. This is restitution. Now, if the judge says you can smash their car to the same degree that they damaged yours, then that would be retribution.

6. Mosaic Law • Known as Hebrew law • Based on the bible tale of Moses • These are the “Ten Commandments” • Are some of these laws things that we all follow? • What if you are not religious or do not believe in this religion? Do we still follow them? Why or why not? • What are these commandments?

7. The Ten Commandments • You shall have no other Gods but me. • You shall not make for yourself any idol, nor bow down to it or worship it. • You shall not misuse the name of the Lord your God. • You shall remember and keep the Sabbath day holy. • Respect your father and mother. • You must not kill. • You must not commit adultery. • You must not steal. • You must not give false evidence against your neighbour. • You must not be envious of your neighbour's goods. You shall not be envious of his house nor his wife, nor anything that belongs to your neighbour.

8. Little Known Fact: • There actually were 15 commandments • Due to unfortunate circumstances, it changed into 10 • We have the actual video footage of what happened to the other 5.

9. The Difference Between Hammurabi and Mosaic Laws • Concerned with crime that is deliberate rather than accidental • More likely to punish the guilty party then permit a person of high status to shift punishment to a person of lesser status • Cared for the poor

10. Greek Law • First form of democracy • Limited women, children, and slaves rights • Main principle was citizen involvement • Started the jury system • Used democracy to sentence • if a person were found guilty, both the accused and the accuser would suggest a sentence • the jury then voted on the most appropriate sentence • Ex. Socrates was sentenced to drink poison…but he survived

11. Roman Law • Two basic principles: • 1) Law must be recorded • 2) Justice could not be given by only one judge • Roman laws were set out in an orderly arrangement that could be revised as new laws were needed. • 12 tablets were the earliest code, which is considered the foundation of modern law. • The Tablets promoted public prosecution of crimes • Enacted a system of victim compensation • Protected lower class (plebeians) from being abused by the ruling class (patricians) • Invention of lawyers

12. Justinian’s Code • Byzantine Emperor Justinian clarified the Roman law (529 CE) • Was built on the basis of justice • Started civil laws (governing personal relationships) • Main legal system the governs Western civilization

13. France and Napoleonic Code • Built to unify French law, a new law called the Napoleonic Code (or French Civil Code) was made • Was a compromise between Germanic Law and Justinian Code • Popular because of non-technical style, accessible to public • Regulated civil matters (wills, contracts, property, and family law)

14. Canada’s Legal System…Preview • Our legal system owes a great deal to the writings and works of legal and moral philosophers. It is important and indeed necessary to understand and appreciate the philosophical and historical roots of the institutions and the laws for the purpose of bringing order to society. • In groups of 3 or 4, read the quotation you are given and answer the accompanying questions. When everyone is finished, the group can share their findings with the class.

15. Who are they? • Plato • Was a philosopher in Classical Greece. He was also a mathematician, students of Socrates, writer of philosophical dialogues, and founder of the Academy in Athens, the first institution of higher learning in the Western World. Along with his mentor, Socrates, and his most famous student, Aristotle, Plato helped lay the foundations of Western Philosophy and Science • St. Thomas Aquinas • Was an Italian Dominican friar and priest and an immensely influential philosopher and theologian

16. Continued… • Hume • Was a Scottish philosopher, historian, economist, and essayist. He was one of the most important figures in the history of Western Philosophy • Hobbes • Was an English philosopher, best known today for his work on political philosophy. His 1651Leviathan established the foundation for most Western political philosophy.