Download Basis of Law

BASIS OF LAW
PART 1
What is law?
What were early law systems?
What is the difference between common law and civil law?
Brainstorm a list of 5 things you do each day.
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Choose 3 of those things and complete the table below (you don’t need to write
anything down, but be prepared to share):
Every day action:
How influenced by law?
Why do those laws exist?
Fall 2016 – 1st period
Every day action:
Example: Driving
How influenced by law?
Driving age, DMV licenses, Traffic laws and
punishments
Why do those laws exist?
Public safety, identification and documentation
reasons
WHAT IS LAW?
Law
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Formal system of rules that guide and govern behavior
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Current goals of law:
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Keep peace
Prevent violence
Resolve potential and current conflict
Promote order and stability
Promote desirable social and moral behaviors
Represent the will of the majority
Protect the rights of minorities
EARLY LAW SYSTEMS
Code of Hammurabi
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1760 BCE – ancient Mesopotamia
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Hammurabi – Babylonian king
• 1st known written code of law
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282 laws
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Based on lex talionis – Latin for “law
of retaliation”
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“eye for an eye”
“slave for a slave”
Code of Hammurabi
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“If a man has struck his father, his hand
shall be cut off.”
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“If he has shattered a gentleman’s limb,
they shall shatter his limb.”
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“If he has caused the loss of a gentleman’s
eye, they shall cause him to lose one eye.”
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“If he has caused a commoner to lose his
eye, he shall pay one mina of silver.”
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“If he has caused the loss of an eye of a
gentleman’s servant, he shall pay half his
price.”
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“If a slave has struck a free man, they shall
cut off his ear.”
Draco’s Code
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621 BCE
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Athens, Greece
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Draco – appointed by Athenian aristocrats,
who were losing power to farmers/small
landowners, to write the first law code of
Athens
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Written laws could only be deciphered by
the literate – rich/educated aristocrats
Draco’s Code
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No written transcript of the laws – originally
written on wood, then on stone that eroded
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Death for small crimes
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Biased towards the rich
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Unnecessarily harsh– “draconian”
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Replaced in 594 BCE by Solon, who kept
only the homicide laws
Justinian Code
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534 BCE
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AKA Corpus Juris Civilis – Latin for “Body
of Civil Law”
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Civil law – system of codified (written)
laws and statutes
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Statute – a codified law that has been
passed by a legislative body
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Issued by Byzantine Emperor Justinian I
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After the fall of the Roman empire, the
eastern part of the former empire became
the Byzantine Empire
Justinian Code
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Gathered and revised previous Roman
law that was confusing and
contradictory
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Wrote the new set of laws on 12
bronze tablets
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Legal basis for criminal justice,
marriage, property, slavery, and
women’s rights.
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Eventually adopted by the Roman
Catholica Church – “canon law” (laws
of the church) – these laws existed
after the fall of the Byzantine Empire
Justinian Code
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All women could own property, make
contracts, and bring a lawsuit.
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Women could not inherit property
from husband, unless stated in a will.
Children received equal amounts of
father’s estate.
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Robbery was not a crime, but the
victim could sue the robber for up to
4x the value of the stolen property.
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Homicide was punished by
banishment from the empire.
English Common Law
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Began to form in 1066 CE after the
Norman Conquest
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Common law– law system based on
case law and precedents
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Precedent - past decision from
previous court cases that set
examples for future court cases
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Based on stare decisis – Latin for
“to stand by things decided”
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Lower courts make decisions
consistent with previous decisions
of higher courts
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Mostly uncodified
Plaque in Jamestown, VA - 1st permanent English
settlement in North America, est. 1609
COMMON LAW
VS. CIVIL LAW
Civil Law vs Common Law
Civil Law
Common Law
Example
Justinian Code, current European
nations (except Great Britain)
English legal system, American legal system
Source of law
Passed legislation, statutes, codes
Case law (court case precedents) based on
cultural customs and traditions
Codified? (Written?)
Yes, written codes
Mostly not, case records were kept in
“yearbooks”
Judicial role in law-making
None, court applies law to cases
Active and creative in revising laws
Judicial review of statutes
No, courts cannot evaluate laws
Yes, courts can evaluate laws to approve or
reject them
Verdict and sentencing
determined by…
1 or a panel of judges
Jury -verdict
Judge - sentencing
Role of judge in trial
Actively participates in seeking of
evidence and examining of witnesses
Acts as a referee between opposing lawyers
presenting evidence and examining witnesses