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Development of Canadian Law. Unit 1 Heritage. Introduction. France. Great Britain (England). Early History. Canadian laws are based on the laws of France and England French law was codified and written down

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Development of Canadian Law

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Development of Canadian Law

Unit 1 Heritage


Introduction

France

Great Britain (England)


Early History

  • Canadian laws are based on the laws of France and England

  • French law was codified and written down

  • English law however was customary, based on custom or what had always been done in the past

  • Upon arrival to N. America, Europeans found Aboriginal people to have their own systems of law- elected leaders, consensus decisions and the concept of equality


Early History of Law

  • Laws of ancient civilizations greatly influenced Canadian law

  • Early societies- local customs and beliefs- unwritten

  • As societies grew- in population and size, it became necessary to record them

  • “Codes”- codification- arranging laws in a way that can be understood (written)

  • The Code of Hammurabi (1750 BCE)- family, criminal, labour, property, etc…


Early History of Law

  • Mosaic Law (1240 BCE)- Laws given to Moses (Old testament) for the Hebrew People (Ten Commandments)

  • Both Codes illustrate the concept of retribution- for every crime there should be a deserved punishment

    • Very Harsh- http://www.youtube.com/watch?v=h534FTPHQoY

    • Both Codes also illustrate the concept of restitution- paying back the victim for the harm done by the offender

    • Restitution is a very common form of punishment in Canada


Activity

  • *Code of Hammurabi analysis activity


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