Early History of Codified Law
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Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek. Early History of Codified Law Code of Hammurabi Earliest Literally carved in stone Categorisation : family, criminal, labour , property, trade, business. Retribution Established system of judges.

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  • Early History of Codified Law

  • Code of Hammurabi

    • Earliest

    • Literally carved in stone

    • Categorisation: family, criminal, labour, property, trade, business.

    • Retribution

    • Established system of judges


  • Early History of Codified Law

  • Mosaic Law

    • First give books of Old Testament, Ten Commandments

    • Literally carved in stone

    • Corporal/capital punishment

    • Retribution


  • Early History of Codified Law

  • Justinian Code

    • Became basis for Western law traditions

    • Established profession of experts

    • Equity

    • Lives on in Napoleonic (French Civil) Code


  • Early History of Codified Law

  • Greek

    • responsible for 4 main types of law:

  • 1. Tort Law

  • 2. Public Law

  • 3. Procedural

  • 4. Family

    • creating the legal process trials, convictions, and sentencing



  • Foundations of Canadian Law

  • French Civil Code

    • Private Law, based on Roman Law of Emperor Justinian

    • 1 book

    • Associated with “Civil Code” & “Justinian Code”

    • Contains almost all private law

    • Major influence Quebec Law- permitted in Proclamation 1770/Quebec Act 1774


  • Foundations of Canadian Law

  • English Common Law

    • “Judge-made law”

    • Founded in feudal England

    • Judges traveled from town to town & applied the law similarly in similar cases

    • Known as: “Rule of Precedent”

  • “Stare Decisis” – to stand by previous decision

  • Established impartial & standard law

  • Judges rulings recorded – creating Case Law, which was applied in future similar legal cases

  • *King always maintained veto


King

Lords Barons

(Sole Judges of law) Judges

English Common Law

(Judges met (assizes) to increase consistency)


  • Foundations of Canadian Law

  • English Common Law Evolution (II)

    • Rule of Law

      • Equality

      • No restrictions without reason

      • Legal rights could not be changed without consent (of the people, where true power lay)

      • Habeas corpus


List of what must be codified/criminalised

List of what may be codified/criminalised

Argue for more or less codification/criminalisation. Reference a high profile Canadian issue (marijuana, gun control, safe injection sites)


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