Evolution of Law: From Ancient Codes to Modern Systems

Hammurabi: The First Written Code

Codification refers to the writing and organizing of laws. Key concepts include:

• Eye for an eye: A form of retribution or punishment.
• Restitution: Repaying or compensating the victim.
• Characteristics: Harsh punishments and social class differences.

Today: We still utilize written laws, offender punishment, and restitution.

Mosaic Law

Originating from Moses, this Hebrew/Jewish law is defined by the Ten Commandments:

• No other gods, no idols, do not use the Lord's name in vain, keep the Sabbath holy, honor father and mother, no murder, no stealing, no adultery, no bearing false witness, and shall not covet.

These are religious and moral laws where punishment cannot be passed onto others. Today: These principles underpin modern laws against murder, theft, and false testimony.

Roman Law

The Romans developed lawyers and legal terminology. The Justinian Code introduced the concept of being innocent until proven guilty. Today: We rely on lawyers, legal terms, written codes, and the presumption of innocence.

Greek Law

Citizens participated in decisions through voting and juries. The Rule of Law dictates that nobody is above the law. Today: Juries, citizen participation, and the rule of law remain central.

Napoleonic Code

This French civil law system organized laws into a clear, written code. Today: It remains a major influence on Quebec civil law.

Early British Law

This serves as the major basis for Canadian common law. Key historical concepts include:

• Oath helping: The accused swears innocence while others vouch for them.
• Ordeal: A dangerous or painful test, believing God would save the innocent.
• Combat: Physically fighting to decide a dispute; the winner was believed to have God's support.
• King's Law: Laws became more consistent across England.
• Magna Carta (1215): Established that the King is also subject to the law.
• Circuit judges and Assizes: Judges traveled to hear cases and compared notes to ensure consistent legal principles.
• Precedent: Past court decisions that influence similar cases.
• Stare decisis: "Stand by things decided"; courts follow precedent, and lower courts generally follow higher courts.
• Common/Case law: Law developed through judges' court decisions.
• Adversarial system: Opposing sides present their cases.
• Habeas corpus: The right to challenge unlawful detention.
• Aggravating factors: Make an offense more serious, leading to a higher sentence.
• Mitigating factors: Reduce seriousness or blame, potentially lowering a sentence.