THE HISTORICAL THE HISTORICAL ORIGINS OF LAW:ORIGINS OF LAW:Our Legal HeritageOur Legal Heritage

Grade 11 LawGrade 11 Law

Code of HammurabiCode of Hammurabi•ca. 1795 – 1750 BC -- Babylonia•laws reflected a patriarchal society•wealthy given more protection than the poor

Hierarchy of Society looked like this:

GODSKINGMALE NOBLESWIVES & CHILDREN OF MALE NOBLESPOOR AND SLAVES

An inscription of the Code of Hammurabi

The upper part of a stele depicting the Code of Hammurabi

The laws were written on a stone tablet more than six feet tall that was found in 1901

Legal SignificanceLegal Significance Hammurabi’s Code was one of the

first written codes of law in recorded history

laws based both on retribution and restitution, but mostly on retribution

Restitution= repayment to a victim for harmful actionsFor example: “Any one who opens his ditches to water his crop, but is careless, and the water floods the field of his neighbor, then he shall pay his neighbor corn for his loss.”

Retribution= ‘Eye for an eye’ justice based on vengeanceFor example: “If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.”

Mosaic LawMosaic Law(about 1250 BCE)(about 1250 BCE)

The laws of Moses AKA biblical law or The laws of Moses AKA biblical law or Hebrew law from the Book of ExodusHebrew law from the Book of Exodus

the Ten Commandmentsthe Ten Commandments more concerned with punishing a deliberate action more concerned with punishing a deliberate action

than an accidentalthan an accidentalact of harmact of harm

more likely to punish the guilty party than permit a more likely to punish the guilty party than permit a person of high status to shift punishment to a person of high status to shift punishment to a person of lesser statusperson of lesser status

care for the poor was expressedcare for the poor was expressed both the Code of Hammurabi and the Mosaic Law both the Code of Hammurabi and the Mosaic Law

show the importance of respect for the parentsshow the importance of respect for the parents

Moses by Michelangelo

The Ten Commandments

One of the greatest influences on our One of the greatest influences on our law and societylaw and society

Legal SignificanceLegal Significance

Sample Laws:

“If a man steals an ox or a sheep and kills it or sells it, he shall restore five oxen for an ox and four sheep for a sheep”

“If a thief is found breaking in and be smitten that he die, there shall be no blood shed for him.”

Greek Law Greek Law (around 400 BCE)(around 400 BCE)

Only a small number of people in ancient Greece (Athens) Only a small number of people in ancient Greece (Athens) were recognized as citizens and had political rightswere recognized as citizens and had political rights

citizens excluded women, citizens excluded women, children, aliens and slaveschildren, aliens and slaves

Women who were on trial Women who were on trial were not allowed to speakwere not allowed to speakfor themselvesfor themselves

responsibilities of the citizen included voting, jury duty and responsibilities of the citizen included voting, jury duty and the running of the countrythe running of the country

our jury system can be traced to Athens, though they our jury system can be traced to Athens, though they originally had as many as 1501 jurors originally had as many as 1501 jurors

The Trial of SocratesThe Trial of SocratesThe trial of Socrates took place over a nine-to-ten hour period in the People's Court, located in the agora, the civic center of Athens.  The jury consisted of 500 male citizens over the age of thirty, chosen by lot from among volunteers. 

Athens used very large numbers of jurors, from 500 to as many as 1501, in part as a protection against bribes: who could afford to bribe 500 people?  All jurors were required to swear by the gods of Zeus, Apollo, and Demeter the Heliastic Oath: 

"I will cast my vote in consonance with the laws and decrees passed by the Assembly

and by the Council, but, if there is no law, in consonance with my sense of what is most just, without favor or enmity.  I will vote only on the matters raised in the charge,

and I will listen impartially to the accusers and defenders alike." 

The Death of Socrates - Jacques-Louis David (1787)

Emphasis on citizen involvement in Emphasis on citizen involvement in law making and enforcement law making and enforcement (elections and juries)(elections and juries)

Origins of the concept of juries; of Origins of the concept of juries; of the rights of the accused to be tried the rights of the accused to be tried by his/her peersby his/her peers

Legal SignificanceLegal Significance

Roman LawRoman Law Roman law is based on two basic principles:Roman law is based on two basic principles:

(1) the law must be recorded(1) the law must be recorded(2) justice cannot be left in the hands of (2) justice cannot be left in the hands of

judges alone to interpretjudges alone to interpret the Twelve Tablets of Roman Law are now the Twelve Tablets of Roman Law are now

considered the foundation of modern lawconsidered the foundation of modern lawA Roman Soldier trumpets the arrival of the new laws. Note the tools that identify the workers and the woman who is calling to others to come and see the laws.

Roman Law ContinuedRoman Law Continued laws reflected a patriarchal society - laws reflected a patriarchal society -

women had no status as personswomen had no status as personsbecause the because the Roman Empire had Roman Empire had spread into a large spread into a large sophisticated and sophisticated and complex society complex society laws increased – as laws increased – as laws increased so laws increased so did the need to did the need to have people who have people who were experts in the were experts in the field of law to field of law to advise those who advise those who were not = were not = LAWYERSLAWYERS

Emphasis on public prosecution of crimesEmphasis on public prosecution of crimes Origins of idea that citizens should be Origins of idea that citizens should be

represented by an expert of law – trained represented by an expert of law – trained lawyerslawyers

Tremendous influence on most modern Tremendous influence on most modern legal codeslegal codes

Legal SignificanceLegal Significance

Justinian’s CodeJustinian’s Code527-565 A.D.527-565 A.D.

after 395 CE the Roman Empire was after 395 CE the Roman Empire was split into the Byzantine Empire and split into the Byzantine Empire and the Western Roman Empirethe Western Roman Empire

Byzantine Emperor Justinian Byzantine Emperor Justinian commissioned ten men to study and commissioned ten men to study and clarify the 1600 books of Roman Lawclarify the 1600 books of Roman Law

the Justinian Code served as an the Justinian Code served as an important basis for law in important basis for law in contemporary societycontemporary society

The term ‘justice’ is derived from The term ‘justice’ is derived from Justinian’s nameJustinian’s name

Formed the basis of civil law (laws Formed the basis of civil law (laws governing personal relationships) governing personal relationships) which, along with criminal law, which, along with criminal law, became one of the main legal systems became one of the main legal systems to govern western civilizationto govern western civilization

Legal SignificanceLegal Significance

France and the Napoleonic CodeFrance and the Napoleonic Code

“I closed the gulf of anarchy and brought order out of chaos. I rewarded merit regardless of birth or wealth, wherever I found it. I abolished feudalism and restored equality to all regardless of religion and before the law. I fought the decrepit monarchies of the Old Regime because the alternative was the destruction of all this. I purified the Revolution."                                        -Napoleon Bonaparte

The Napoleonic Empire in 1812

France and the Napoleonic CodeFrance and the Napoleonic Code

Napoleon commissioned a Napoleon commissioned a new code of laws called the new code of laws called the Napoleonic Code, also known Napoleonic Code, also known as the French Civil Codeas the French Civil Code

these laws represented a these laws represented a compromise between the compromise between the Germanic law of northern France and the Germanic law of northern France and the Justinian Code of Southern FranceJustinian Code of Southern France

this law became popular because its non-this law became popular because its non-technical style made the law accessible to technical style made the law accessible to the publicthe public

NAPOLEON THE LAWMAKERPainting by Jean-Baptiste Mauzaisse

One of the carvings around the walls of Napoleon’s tomb - Napoleon is shown with the Justinian code in his right hand and the Napoleonic code in his left

The Napoleonic Code served as the The Napoleonic Code served as the prototype for subsequent codes during the prototype for subsequent codes during the nineteenth century in twenty-four nineteenth century in twenty-four countries; the province of Québec and the countries; the province of Québec and the state of Louisiana have derived a state of Louisiana have derived a substantial portion of their laws from it. substantial portion of their laws from it.

The Code, is regarded as the first modern The Code, is regarded as the first modern counterpart to counterpart to ROMAN LAWROMAN LAW, and is , and is currently in effect in France in an currently in effect in France in an amended form amended form

Legal SignificanceLegal Significance

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