History of Legal Systems and Punishments

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Questions and Answers

What does the term 'Lex Taliones' refer to in historical legal systems?

Punishment determined by the offended individual's family

A system of trial by ordeal

The principle of retributive justice implying retaliation (correct)

A philosophy that promotes forgiveness over vengeance

Which legal system forms the foundational framework for today's civil law?

Roman Laws (correct)

Mohammedan or Arabic Laws

Anglo-American Laws

Feudal Laws

How did the practice of securing sanctuary in the 13th century function?

Criminals could avoid punishment for 40 days in church (correct)

Criminals could invoke sanctuary indefinitely

Criminals were required to perform penance for forgiveness

Criminals were provided legal representation in church

What was the primary purpose for the use of transportation of criminals in the 16th century?

To alleviate overcrowding in prisons Signup and view all the answers

What legal mechanism involved families taking responsibility for justice?

Kin policing Signup and view all the answers

During which century did torture become a prevalent form of punishment in England?

15th century Signup and view all the answers

What defines the term 'Gaols' as used in the 17th-18th centuries?

Pre-trial detention facilities Signup and view all the answers

What type of punishment was implemented in England during the 17th and 18th centuries as a form of imprisonment?

Death penalty Signup and view all the answers

What does the term 'draconian' refer to in legal context?

Harsh laws that often impose severe penalties Signup and view all the answers

Which law limited capital punishment to serious offenses such as murder?

Solon’s Law Signup and view all the answers

What was the significance of the Twelve Tables?

Became the foundation of public and private law in Rome Signup and view all the answers

What was the primary goal of the Justinian Code?

To standardize punishments for crimes Signup and view all the answers

Which code is known for merging German and Roman legal traditions?

Burgundian Code Signup and view all the answers

Who advocated for the establishment of secular laws in the 4th AD?

Christian philosophers like St. Augustine Signup and view all the answers

Which type of law is described as the Divine Wisdom of God governing everything?

Eternal Law Signup and view all the answers

What distinguishes Human Law from External and Natural Law?

It only becomes valid if it aligns with the other two laws Signup and view all the answers

What is the first principle of natural law?

Good is to be done and pursued, and evil avoided Signup and view all the answers

Which code was characterized by a harsh penal system and eroded Confucian principles?

Qin Code Signup and view all the answers

What significant legal reform did Liu Pang implement during the Han Dynasty?

Reduction of laws to three main prohibitions Signup and view all the answers

In which dynasty was the Tang Code revised and standardized?

Tang Dynasty Signup and view all the answers

What was a unique feature of the Qing Code regarding family hierarchy?

It allowed leniency for accidental elder deaths Signup and view all the answers

Which code relied heavily on Confucian legal principles until 1949?

Han Code Signup and view all the answers

How many methods of capital punishment were outlined in the Tang Code?

Two Signup and view all the answers

What era does the Ming Code represent in the development of Chinese law?

A period of significant legal reform Signup and view all the answers

Which law system primarily relies on judicial decisions and precedents?

Common Law Signup and view all the answers

What is the main source of Sharia law?

The Quran and Hadith Signup and view all the answers

Which code detailed punishments for various offenses, including witchcraft and assault?

Code of Ur-Nammu Signup and view all the answers

What principle does the Code of Hammurabi follow in determining punishments?

Lex Taliones Signup and view all the answers

What was one prohibition found in the Code of Eshhunna?

Making loans involving slaves Signup and view all the answers

The Code of Draco was notable for its treatment of punishments; what was distinctive about its application?

Harsh punishments were equal for both citizens and slaves. Signup and view all the answers

Which legal code is known for including provisions on citizen rights and family law?

Code of Lipit-Isthar Signup and view all the answers

What aspect of history is highlighted by the early legal codes from Mesopotamia?

The origins of legal punishment systems Signup and view all the answers

Study Notes

Ordeal

Early legal systems used ordeals to determine guilt or innocence.
Ordeals involved dangerous and painful tests, with the accused's ability to survive indicating their innocence.

Retaliatory

This system involved family members assuming responsibility for justice.
Victims were expected to personally punish the offender with the help of their family.
Blood feuds resulted from this system, leading to retaliation by the offender's family and friends.
The principle "an eye for an eye and a tooth for a tooth" was followed.

Fines and Punishment

Fines were accepted as a form of vengeance, often in the form of cattle, food, or personal services.
Tribal traditions often dictated the acceptable forms of payment for offenses.

13th Century- Securing Sanctuary

Criminals could avoid punishment by seeking refuge in a church for 40 days.

1468- Torture as Punishment

Torture was introduced as a form of punishment in England.

16th Century- Transportation

The transportation of criminals was authorized in England.
This practice was adopted by Russia and other European countries.
It was used to ease overcrowding in prisons.
This system was abandoned in 1835.

17-18th Century- Death Penalty

The death penalty became a prevalent form of punishment.

17-18th Century- Gaols

Jails, known as gaols in England, were used as pre-trial detention facilities.

17-18th Century- Galleys

Galleys, long, narrow ships propelled by sails and rowed by criminals, were used to transport prisoners.

17-18th Century- Hulks

Abandoned warships were converted into prison ships, known as hulks.
These were used to relieve prison overcrowding.

The Early Legal System

Roman law, Mohammedan (Arabic) law, and Anglo-American law were prominent legal systems.

Roman Law

Served as the basis for civil law, one of the most widely used legal systems today.
Judges primarily established facts and applied existing remedies found in the codified law.
Lawmakers, scholars, and legal experts held significant influence in administering the legal system.

Anglo-American Law

Also known as common law, this system is based on judicial decisions and precedents.
It is administered by common law courts, originating in medieval England.
Legislators create laws, and judges rely on precedents to interpret and apply them to individual cases.

Sharia Law

Sharia Islamic law is derived from Islamic religious precepts, including the Quran and hadith.

The Early Legal Codes

Mesopotamian civilizations, particularly the Sumerians, developed the first known legal systems.

Code of Ur-Nammu

This code, created by the ruler of the city of Ur, established punishments for witchcraft, slave offenses, and assault.

Code of Eshhunna

This Sumerian code prohibited transactions with slaves, including receiving money or objects from them or making loans.
Moneylenders were also forbidden from taking hostages.

Code of Lipit-Ishtar

This Sumerian code detailed citizens rights, marriages, successions, property rights, and penalties.

Code of Hammurabi

This Babylonian code prescribed harsh punishments, including death penalties for offenses like murder.
Punishments were often based on the principle of lex taliones - "an eye for an eye, a tooth for a tooth."

Greek and Roman Codes

Greek and Roman civilizations further developed legal systems.

Code of Draco

Implemented in 621 BC, this code was known for its severity, imposing the same punishments on citizens and slaves.
It introduced a state's exclusive role in punishing crimes.

Solon's Law

Repealed Draco's laws and limited capital punishment to serious offenses like murder, military, or political crimes against the state.
It granted every person the right to claim redress on behalf of others who were wronged.

The Twelve Tables

This code, established around 450 BC, represented the earliest codification of Roman law.
It formed the foundation of Roman public and private law until the time of Justinian.

Justinian Code

Emperor Justinian of Rome wrote his code of law in the 6th century AD.
The code attempted to match appropriate punishments to all possible crimes.
Despite the fall of the Roman Empire, the Justinian Code laid the foundation for many Western legal codes.

French Code: Burgundian Code

Published around 475 AD, this code incorporated aspects of German and Roman law.
It introduced unique aspects of written private laws that influenced European legal systems.

Secular Laws

Christian philosophers, like St. Augustine and St. Thomas Aquinas, advocated for secular laws.
These laws recognized the need for justice and highlighted three types of law:
- External Law (Lex External)
- Natural Law (Lex Naturalist)
- Human Law (Lex Humana)
All these laws aimed for the common good, with human law being valid only if it didn't conflict with the other two.
Eternal Law, the Divine Wisdom of God, governs all things and oversees the common good.
Natural Law dictates that everyone should live according to their rational nature, guided by reason. It emphasizes the dignity of individuals and their fundamental rights and duties.
Human Law requires rulers to specify general moral precepts into state laws.

Chinese Codes

China had several influential legal codes.

Qin Code

Established during the Qin Dynasty (221-206 BC), this code consolidated power under a harsh penal system.
It was influenced by the Chinese jurist Han Fei Tze and eroded the Confucian legal system.

Han Code

Implemented in 206 BC, this code reintroduced Confucian ideals.
The emperor Liu Pang, who ruled from 206-195 BC, revised the legal system, simplifying it to three core prohibitions: against murder, injury, and theft.

Tang Code

Developed during the Tang Dynasty, this code revised existing Chinese codes, standardizing legal procedures.
It prescribed two methods of capital punishment: beheading or hanging.

Ming Code

Established during the Ming Dynasty (1368-1644), this code consolidated criminal law in China.

Qing Code

Published in 1644, this code represented the last of the great law codes of Chinese dynasties.
It reflected Confucian values, emphasizing deference to family hierarchy. Accidental death of an elder carried a harsh penalty.

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Description

Explore the evolution of legal systems through history, focusing on practices such as ordeals, retaliatory justice, and punishments from the 13th to the 16th centuries. This quiz covers significant developments, including the introduction of torture and the concept of seeking sanctuary. Test your knowledge on these fascinating topics in criminal justice.