Historical Roots of Law Thou shalt not kill Thou shalt not steal Key Vocabulary Great Laws of Manu Code of Li k’vei Code of Hammurabi Codified Retribution Restitution Mosaic Law Ten Commandments Justinian Code Napoleonic Code The Evolution of laws through civilizations 1280-880B.C.- Great Laws of Manu, Indian laws previously transferred through oral tradition 350 BCE Code of Li k’vei – Chinese laws 1792-1750 BCE The Code of Hammourabi 1380 BCE Mosaic Law 400 BCE Athenian Law 100 CE Roman Law The Code of Hammurabi Hammurabi, the king of Babylon, codified the rules and penalties for every aspect of Babylonian life from the ownership of property to the rights of adopted children. The laws reflected a patriarchal society in which the wealthy were given more protection in law than the poor. Hammurabi ( to be continued) Laws were based on retribution, an eye-for-an-eye type of justice, and distinction was not made between an accident and a deliberate action. Some penalties may seem excessive and cruel, however, many of Hammurabi’s laws were reasonable. Restitution, the concept of making a payment to the victim of the crime was common in the event of damage to property or theft. Mosaic Law or the Book of Exodus Mosaic Law, biblical or Hebrew Law ,was created on Mount Sinai where God gave laws to Moses for the Hebrew people to follow. The laws are commonly knows as Ten Commandments. Ten Commandments Mosaic Law was more concerned with punishing a deliberate action than an accidental act of harm. The Ten Commandments were more likely to punish the guilty party than permit to shift punishment to a person of lesser status. Care for the poor was another concern expressed in the Mosaic Law. Comparison of Laws Administration Protection of Protection of of Justice Property the Person Code of Hammurabi If a man has stolen If a son has struck his If a man has borne false goods from a temple or father, his hands shall be witness in a trial, or has a house, he shall be put cut off. If a man strikes not established the to death and he that he a man’s daughter and statement that he has received the stolen brings about a made ,if that case be a property shall be put to miscarriage, he shall pay capital trial, that man death. for the miscarriage. If shall be put to death that woman dies, his daughter shall be killed. Mosaic Law Whoever strikes his If a man steals an ox or You shall not utter a father or his mother a sheep, and kills it or false report. You shall shall be put to death… sells it, he shall pay five not join hands with the whoever curses his oxen for an ox, and four wicked, to be a father or his mother sheep for a sheep The roots of first democracy Democracy can be dated with astonishing precision. Its origins lie in ancient Greece towards the end of the Archaic period.. As the poleis were established, the Greeks turned to a political model everyone else followed, the monarchy. They soon tired of their kings, and began to create almost an infinite variety of government structures along several distinct lines: oligarchy (rule by the few), isocracy (rule by the wealthy), aristocracy (rule by the best), tyranny (rule by a tyrant), and, finally, democracy (rule by the demos , or "people." When I say "rule by the people," I really mean rule by the people; the Greek democracies were not representative governments, they were governments run by the free, male citizens of the city-state. All major government decisions and legislation were made by the Assembly; the closest we've come to such a system is "initiative and referendum," in which legislation is popularly petitioned and then voted on directly by the electorate. The Greek democratic states ran their entire government on such a system. All the members of a city-state were not involved in the government: slaves, foreigners, and women were all disbarred from the democracy. So, in reality, the democratic city-states more closely resembled oligarchies for a minority ruled the state—it was a very large minority, to be sure, but still a minority. One important principle of Greek democracy was citizen involvement. Athenian citizens were excepted to participate in major decisions affecting the running of their country. For example, voting was a major responsibility. Another responsibility was jury duty. One of the best known examples of this democratic process was the trial of Socrates. Socrates was arrested in 399 BCE. His accusers claimed that his ideas misled Athenian youth and undermined Athenian democracy. After a lengthy trial the 501 jurors found him guilty (the vote was 281 to 220). His accusers recommended the death penalty. Socrates argued that the law under which he was charged was unfair but acknowledged that he had been tried fairly by his peers. As instructed by the court, he drank a cup of poisonous hemlock. The roots of first democracy Another responsibility was jury duty. The jury system can be traced to Athens, Greece in approximately 400 BCE. Athenians employed enormous juries, with the largest recorded jury at over 6000 members. Later, their juries were limited to 101, 501 or 1001 citizens. Women who were on trial were not allowed to speak on their own behalf; citizens had to speak for them. The roots of first democracy The Greeks also used to decide on the sentence of an accused. If a person were found guilty, both the accused and the accuser would suggest a sentence. The jury then voted on the most appropriate sentence The roots of first democracy One of the best known examples of this democratic process was the trial of Socrates. Socrates was arrested in 399 BCE. His accusers claimed that his ideas misled Athenian youth and undermined Athenian democracy. After a lengthy trial the 501 jurors found him guilty (the vote was 281 to 220). His accusers recommended the death penalty. Socrates argued that the law under which he was charged was unfair but acknowledged that he had been tried fairly by his peers. As instructed by the court, he drank a cup of poisonous hemlock The Roman Law or the Twelve Tablets Two Principals THE LAW MUST BE RECORDED( CODIFIED) JUSTICE COULD NOT BE LEFT IN THE HANDS OF JUDGES Could be revised as new laws were needed The Roman Law or the Twelve Tablets The twelve tablets were written on bronze and wood in 450 BC. Compiled by a committee of ten men Promoted the public prosecution of crimes Enacted a system of victim compensation Protected plebeians from being abused by patricians Sons Shall be under the jurisdiction of fathers Patriarchal Essence First official Forerunners( Modern day lawyers) appeared due to the sizes of the empire and the necessity to receive legal advice Justinian Code Created by the Byzantine Emperor Justinian ! (527-565CE) Commissioned 10 men to clarify 1600 books of Roman Law 529CE Created a new body of law- Justinian Code Justinian Code or the derivative of justice Inspired the modern concept of justice( fairness, equality) Basis of civil law( laws governing personal relationship) Foundation for many legal systems in Europe Napoleonic Code French Revolution (1789-1799)inspired the necessity for updated laws Napoleon Bonaparte commissioned the French Civil Code Went into effect in 1804 Dominated in Europe due to the fact that a lot of European countries were under the Napoleonic Reign Represented a compromise between the German laws of northern France and Justinian code of southern France Napoleonic Code Represented a compromise between the German laws of northern France and Justinian code of southern France Became popular because of its non- technical style( laws became accessible to public) Napoleonic Code Regulated civil matters such as Property Wills Contracts Family Law Assignment Use the Historical Roots of Law section of your text or the power point presentation to identify the similarities and differences in the societies listed in the distributed to you table!
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