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Basis of Law Part 1 What is law? Law – Current goals of law: Keep ________________________________ Prevent ______________________________ ________________________________ potential and current conflict Promote ____________________________ and _________________________ Promote desirable ___________________________ and _____________________________ behaviors Represent the ________________________________________________________ ____________________________________________ rights of minorities Early Law Systems Code of Hammurabi 1760 BCE – ancient Mesopotamia Hammurabi – Babylonian King 1st known ________________________________________________________________________________ 282 laws Based on lex talionis – Latin for “_____________________________________________________________” o “eye for an eye” Draco’s Code • 621 BCE • Athens, Greece • Draco – appointed by Athenian aristocrats, who were losing power to farmers/small landowners, to write the first law code of Athens • Written laws could only be deciphered by the literate – rich/educated aristocrats • ___________________________________________ for small crimes • Biased towards the __________________________________ • • Unnecessarily harsh– “__________________________________________” Replaced in 594 BCE by Solon, who kept only the homicide laws Justinian Code • 534 BCE • AKA Corpus Juris Civilis – Latin for “___________________________________________________________” • Civil law – • Statute – • Issued by Byzantine Emperor Justinian I • • • • Gathered and revised previous Roman law that was confusing and contradictory Wrote the new set of laws on 12 bronze tablets Legal basis for criminal justice, marriage, property, slavery, and women’s rights. Eventually adopted by the Roman Catholica Church – “canon law” (laws of the church) – these laws existed after the fall of the Byzantine Empire English Common Law • Began to form in 1066 CE after the Norman Conquest • Common law– • Precedent – • • • Based on stare decisis – Latin for “____________________________________________________________” Lower courts make decisions consistent with previous decisions of higher courts Mostly uncodified Example Source of law Codified? (Written?) Judicial role in law-making Judicial review of statutes Verdict and sentencing determined by… Role of judge in trial Civil Law Justinian Code, current European nations (except Great Britain) Common Law English legal system, American legal system