Download Historic Roots of Law 1

1.2 – HISTORICAL ROOTS OF LAW
LAW 12
Historical Roots of Law
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Modern approach to law is the result of many years
of ‘social’ evolution
Key early contributors:
 The
Code of Hammurabi
 Mosaic Law
 Greek Law
 Roman Law
 Justinian’s Code
 Napoleonic Code
The Code of Hammurabi
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…is one of earliest-known sets of recorded laws
Written by King Hammurabi of Babylon (located in
modern day Iraq)
Laws reflected a ‘patriarchal’ society
 Male-dominated
(women and children considered ‘property’
of men)
 Wealthy had more protection than poor – legal slavery

Some laws based on restitution (offender pays the
victim for harm/damage)– others on retribution
(punishing offender for revenge or display)
Mosaic Law
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…is the law given to Moses to guide Hebrew
people
Recorded in the Bible
Ten Commandments found at the beginning
Differences from Code of Hammurabi:
 Mosaic
Law more concerned with deliberate acts rather
than accidents
 Personal status/class matters less in Mosaic Law
 Mosaic Law emphasized care for the poor
Greek Law

First form of democracy was in Greece
 ‘citizens’
had political rights (although not women,
children, aliens, and slaves)

Greek law introduced concept of jury system
 Jury
decided on the sentence of an accused
Roman Law

Two basic principles of Roman law:
 Law
must be recorded
 Justice could not be left to judges alone

Twelve Tables = one of earliest set of codified
Roman law
 Considered
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foundation of modern law
Although more ‘fair’, still reflected patriarchal
society
Introduced concept of ‘lawyers’
Justinian’s Code
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…is the clarification and organization of Roman
law commissioned by Emperor Justinian 1
Inspired modern concept of justice – word comes
from Justinian’s name
Forms basis of civil law (law governing personal
relationships)
Napoleonic Code
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…is a code of law commissioned by Napoleon
Bonaparte after French Revolution
Completed in 1804, but spread through more of
Europe as Napoleon controlled more and more
countries
Was popular because it was ‘non-technical’ and
thus more easy to understand
Quebec civil law is mostly based on Napoleonic
Code