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Review
•Homework for Friday
–Review your understanding x 2 (9 and 12) induo tangs
•Earned Option Review
–5 absent excused
–4 sra
–2 lates or one life happens absent unexcused
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Bell Work – answer the questions on the side
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Early History of Law
•In ancient societies, local customs andbeliefs made up the law.
•Customs were not written down andinstead were passed on by word ofmouth.
•As populations increased, laws becamemore complex and codification becamenecessary.
•Codification: a written collection of laws.
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History of Law
•Handout
–Read and fill in the main points/more detailssection as we go through.
•Assignment
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Evolution of Law
•Code of Hammurabi, c. 1750 BCE:
–One of the earliest records of written law.
–King Hammurabi of Babylon codified nearly 300 lawsin columns of stone.
•Mosaic Law, c. 1240 BCE:
–Based on the Ten Commandments.
–Bible states that Moses received these laws from Godon two stone tablets.
•Justinian Code, c. 550 CE
–Byzantine Emperor Justinian codified 1000 years ofRoman laws.
–First legal code that emphasized equality under thelaw.
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Evolution of Law contd…
•Magna Carta, 1215:
–English noblemen forced King John to signthis document that established the rule oflaw - that all people, including the king, hadto obey the same laws; no one was above thelaw.
•Napoleonic Code, 1804:
–A new set of civil laws for French people.
–Became the model for most of Europe.
–Also referred to as the French Civil Code.
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Feudalism
•In 1066, King William of Englandintroduced a feudal system.
•Under this system, the king owned all ofthe land and divided most of it among hislords or noblemen.
•The Lords had their own servants, orvassals.
•If a vassal broke the law, their Lord couldpunish them however they saw fit.
•Punishments were inconsistent andunfair.
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Common Law
•King William appointed judges to travelthroughout England and decide cases.
•Cases with similar facts were decided inthe same way.
•If a judge issued a verdict in a new case,that decision became the standard forsimilar future cases - precedent.
•The system of law based on past legaldecisions is known as common law orcase law.
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Rule of Law
•This legal principle was recognized in thesigning of the Magna Carta of 1215.
•The rule of law states that the lawapplies equally to all persons.
•The Magna Carta also introduced the writof habeas corpus – a document that isused to determine whether or notsomeone is being legally detained.
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English Parliament
•1265 – King Henry III calledrepresentatives from all parts of Englandto form the first parliament. Their job wasto pass laws known as statutes
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•1804 – after the French Revolution,Napoleon revised French law, which hadbeen based on Roman Law and Justiniancode. It was called the French CivilCode.
•This code had a strong influence informing Quebec’s laws.
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Aboriginal Law
•Worldview is based on dependencies(mother earth, plant, animal, humanorder) an harmonious interconnections.
•Three factors that are important part ofAboriginal laws are:
–Forgiveness, restitution and rehabilitation
•Based on oral traditions.
•Iroquois – “Great Binding Law” alsoknown as the “Great Law of Peace” whichgave women in their society many rightsand privileges.
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Retribution, Restitution & Restoration
•Retribution
•Restitution
–Means that the offender must repay the victimfor goods stolen, damaged or lost, orotherwise make amends for the wrongcommitted.
•Restoration
–Recognizes that everything is connected, anda crime disturbs the harmony of theseconnections.
–It is meant to heal victims
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Work
•Review Your Understanding
–Page 21
–Page
•Assignment
–Code of Hammurabi - Sheet
–Citation – Cases (page 18) - Sheet