Summary

This document provides an overview of the origins of law, exploring different historical legal systems and their features, examples, and impact on Canadian legal systems.

Full Transcript

+-------------+-------------+-------------+-------------+-------------+ | **Historica | **When and | **Main | **Examples | **Impact of | | l | Where** | Features of | of Law** | Canadian | | Group/perso | | Legal | | Legal | | n**...

+-------------+-------------+-------------+-------------+-------------+ | **Historica | **When and | **Main | **Examples | **Impact of | | l | Where** | Features of | of Law** | Canadian | | Group/perso | | Legal | | Legal | | n** | | System** | | System/ | | | | | | Importance* | | | | | | * | +=============+=============+=============+=============+=============+ | Code of | -1792-1750 | -Earliest | -Theft and | -We still | | Hammurabi | BCE | recorded | murder | use the | | | | law | | rule of law | | | -In ancient | | -Taxes and | | | | Mesopotamia | -Written by | trade | -Many laws | | | (todays | the king of | | are still | | | Iraq) | Babylon | -Punishment | similar | | | | | s | | | | | -Move the | were laid | -Punishment | | | | rule of law | out | s | | | | (laws | | are still | | | | became | -Idea of | used | | | | public | "eye for an | | | | | knowledge) | eye" | | | | | | | | | | | -Wrote a | | | | | | code to | | | | | | govern the | | | | | | area | | | +-------------+-------------+-------------+-------------+-------------+ | Hebrew / | -1250-1210 | \- Based on | -Roles and | -Follow the | | Mosaic Law | BCE | the idea of | regulations | 10 | | | | the 10 | to live a | commandment | | | -When Moses | commandment | righteous | s | | | descended | s | life | | | | from Mount | | | -We still | | | Sinai | -Went to | -related to | follow | | | (Today's | priest-and | religion | principals: | | | Egypt) | he would | and God | such as | | | | administer | | respect and | | | | religious | | responsibil | | | | laws | | ity | | | | | | | | | | -Laws of | | | | | | worship | | | +-------------+-------------+-------------+-------------+-------------+ | Roman Law | -450-100BCE | -Everyone | -Certificat | -Developed | | | | plays on a | e | our civil | | | -Eastern | level | of manifest | laws from | | | Mediterrane | playing | owned by | the bible. | | | an | field- all | ships that | | | | (Around | nations in | were coming | -Rules for | | | Jerusalem) | the empire | into port. | doing | | | | that do | ( to | business is | | | | business | control | based on | | | | with each | what and | Roman Law | | | | other are | who was | | | | | all on the | coming into | | | | | same level. | the port | | | | | | and land | | | | | -Rule of | | | | | | Law | | | +-------------+-------------+-------------+-------------+-------------+ | Feudalism | -5^th^ | -Developed | -The | -Similar to | | | 15^th^ | to protect | Monarch is | today's | | | century | land | on top- | Governor | | | | | they divide | General | | | -Europe in | -Hierarchy | and give | position- | | | middle ages | of land | land to | Royal | | | (Medieval | ownership | their | assent | | | period) | | subjects | (signs off | | | | | | on Bills) | | | | | | | | | | | | -Hierarchy | | | | | | in some | | | | | | parts of | | | | | | our society | +-------------+-------------+-------------+-------------+-------------+ | Precedent | -Started in | -Idea that | -All judges | -Provides | | | the 16^th^ | decisions | must judge | consistency | | | century in | of higher | similar | and | | | England | courts are | cases | fairness | | | | binding to | similarly | | | | | lower | | -Provides | | | | courts | | the | | | | | | predictabil | | | | -Precedent | | ity | | | | in judge | | of law | | | | made law | | | +-------------+-------------+-------------+-------------+-------------+ | Case Law | -1150-1160 | -Record | -All cases | -We record | | | in England | cases in | that are | cases today | | | by Henry II | recorders | recorded | | | | where kings | for other | are | -Lead to | | | and judges | judges to | referenced | the role of | | | followed | access | by lawyers | precedent | | | each other | | and judges, | (key for | | | decisions | | etc... | our current | | | and | | | legal | | | recorded | | | system) | | | laws | | | | +-------------+-------------+-------------+-------------+-------------+ | Rule of | -1215- King | -Contains | -King | -No one is | | law- Magna | John's | 63 clauses- | cannot | above the | | carta | England | 5 of which | impose tax | law | | | | apply today | without the | | | | | | consent of | -No one can | | | | | the people | be | | | | | | imprisoned | | | | | | unless they | | | | | | have been | | | | | | found | | | | | | guilty by a | | | | | | jury of | | | | | | their peers | +-------------+-------------+-------------+-------------+-------------+ | Parliament/ | -Started in | -Government | \- Bills | -Politician | | Statute law | Magna | made laws | are | s | | | Carta- 1215 | | prepared by | have a say | | | England | -Brings the | lawyers- | in making | | | | political | their Bills | laws | | | -Emerged | and legal | are | | | | from | world in | represented | | | | Parliament | close | in | | | | | contact | Parliament | | | | | with each | to pass and | | | | | other | become law | | | | | | | | | | | | -These | | | | | | lawyers | | | | | | also advise | | | | | | cabinet on | | | | | | certain | | | | | | constitutio | | | | | | nal | | | | | | and | | | | | | parliamenta | | | | | | ry | | | | | | rulings | | +-------------+-------------+-------------+-------------+-------------+ | Greek Law | -400 BCE | -First form | -Jury, | \- Today we | | | | of | etc.. | have a | | | -In Greece | democracy | | democratic | | | | born in | | society, | | | | Greece | | jury, | | | | | | etc... | | | | -Promoted | | | | | | citizen | | | | | | involvement | | | | | | in running | | | | | | the country | | | | | | | | | | | | -Voting and | | | | | | jury were | | | | | | both major | | | | | | responsibil | | | | | | ities | | | | | | of the | | | | | | citizens | | | +-------------+-------------+-------------+-------------+-------------+

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