History of Law

• Laws are essential for regulating behavior, maintaining order, and protecting individuals and society.
• The Rule of Law ensures that everyone, including the government, is subject to the law, promoting fairness, equality, and accountability.
• Codification involves organizing and writing down laws to ensure clarity, accessibility, consistency, and transparency.

Hammurabi’s Code

• Created around 1754 BCE by King Hammurabi of Babylon.
• Consists of 282 laws covering civil, criminal, and family matters.
• It was one of the earliest written legal codes, emphasizing written law and legal consistency.

Historical Legal Documents and Systems

• The Ten Commandments/Mosaic Law are moral and religious laws given to Moses, covering civil, moral, and religious conduct.
• The Justinian Code is Roman law codified by Emperor Justinian in the 6th century, forming the basis of civil law systems.
• The Napoleonic Code, introduced by Napoleon Bonaparte in 1804, influenced modern civil law systems.

Key Figures and Places

• Hammurabi was the Babylonian king who created the Code of Hammurabi.
• Justinian was the Byzantine Emperor who commissioned the Justinian Code.
• Mesopotamia is the region where Hammurabi's Code originated.

Differences in Ancient Legal Systems

• Trial by Water was a medieval trial where the accused was thrown into water; floating meant innocence, sinking meant guilt.
• Trial by Fire involved the accused enduring pain or injury to prove innocence.
• Trial by Compurgation involved the accused swearing an oath of innocence, often with the backing of others.
• Mosaic Law prescribed punishments, including death, for offenses like murder, adultery, and false witness.

Cases

• R v Big M. Drug Mart Ltd. concerned religious freedom in Canada, ruling that the Lord’s Day Act violated the Charter of Rights and Freedoms.
• R v Muzzo involved impaired driving resulting in multiple deaths, illustrating the legal system’s handling of serious criminal offenses.

Rule of Precedent

• It dictates that decisions made in higher courts should be followed by lower courts in similar cases to ensure consistency in legal judgments.

Feudalism

• A medieval system of land exchange for military service.
• Lords had significant control over legal matters.

Shamash

• The ancient Mesopotamian god of justice is often associated with the Code of Hammurabi.

Magna Carta

• A 1215 English document that limited the power of the king.
• Ensured certain legal rights for citizens, including due process and protection from unlawful imprisonment.

Habeas Corpus

• A legal right that ensures a person cannot be detained without being brought before a court to determine if the detention is lawful.

Common Law

• A system of law based on judicial decisions and precedents rather than written codes.
• Originated in England and is the basis of legal systems in many English-speaking countries.

Restitution

• Compensation for harm caused or a wrong committed.
• Often involves monetary payment or return of stolen property.

Trial by Combat

• A medieval method of trial in which two parties would engage in a physical fight.
• The winner would be considered to have the right side.

Divine Right

• The belief that monarchs derive their authority from God.
• Rulings are not subject to earthly challenges or laws.

Mosaic Law

• A set of laws given to Moses, including the Ten Commandments.
• Governed moral and religious conduct, forming the foundation of later Jewish and Christian legal traditions.

Assizes

• Courts that traveled around medieval England to administer justice in different regions.
• They heard criminal and civil cases.

Compurgation

• A medieval legal practice where the accused could swear an oath of innocence.
• Oath was supported by others who would swear on their behalf.

Trial by Ordeal

• A trial method where the accused would undergo a physical test (e.g., trial by fire or water) to prove innocence or guilt.

Circuit Judges

• Judges who traveled around a specific area or region to hear cases.
• Ensured that justice was accessible to people in different parts of the kingdom.

Retribution

• The concept that punishment should be proportionate to the crime, often described as “an eye for an eye.”
• Aims to provide justice by making the punishment fit the offense.

The Code of Hammurabi:

• Written and Enforced: Laws were inscribed on stone, publicly displayed, and enforced by judges and officials.
• Punishment and Justice: The code followed retributive justice (e.g., “an eye for an eye”). Punishments were often severe, including death.
• Influence: It was an early model for codification, influencing many later legal systems.

The Ten Commandments/Mosaic Law:

• Written and Enforced: Laws were given by God to Moses and transcribed. Governed religious and moral behavior, not just civil matters.
• Punishment and Justice: Serious offenses like murder, adultery, and blasphemy had death penalties. Lesser offenses were often resolved through restitution or exile.
• Influence: The Ten Commandments shaped moral laws in modern Western legal systems. Mosaic Law impacted Jewish law and later Christian legal traditions.

Greek Democracy and Legal System:

• Written and Enforced: Laws were publicly posted, and citizens were directly involved in decision-making through democracy.
• Punishment and Justice: Courts were jury-based (citizens acted as jurors). Punishments varied from fines to death.
• Influence: Early development of democratic legal systems, with the concept of public participation and trials by jury.

Roman Law/Justinian Code:

• Written and Enforced: The Justinian Code was a codification of Roman law ordered by Emperor Justinian in the 6th century.
• Became the foundation for many modern legal systems.
• Punishment and Justice: The code focused on civil law, with punishments varying from fines to exile to death for serious offenses.
• Influence: Served as the basis for civil law systems in many countries.

Napoleonic Code:

• Written and Enforced: Established by Napoleon Bonaparte in 1804, this civil code emphasized clear and accessible laws for all citizens.
• Punishment and Justice: It Focused on equality before the law and individual rights. Punishments were based on the seriousness of the offense.
• Influence: The Napoleonic Code influenced many modern civil law systems, especially in Europe and Latin America.