Historical Roots of Law2011330759

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					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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