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Early History of Codified Law Code of Hammurabi Mosaic Law Justinian Code Greek

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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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Presentation Transcript
slide1

Early History of Codified Law

  • Code of Hammurabi
  • Mosaic Law
  • Justinian Code
  • Greek
slide2

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
slide3

Early History of Codified Law

  • Mosaic Law
    • First give books of Old Testament, Ten Commandments
    • Literally carved in stone
    • Corporal/capital punishment
    • Retribution
slide4

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
slide5

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
slide6

Foundations of Canadian Law

  • Two of three founding nations of Canada
    • France- Napoleonic/French Civil Code
    • England- Common Law
slide7

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
slide8

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
slide9

Foundations of Canadian Law

  • English Common Law Evolution (I)

King

Lords Barons

(Sole Judges of law) Judges

English Common Law

(Judges met (assizes) to increase consistency)

slide10

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
slide11

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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