Early History of Codified Law

• Code of Hammurabi•Mosaic Law• Justinian Code• Greek

Early History of Codified Law• Code of Hammurabi• Earliest• Literally carved in

stone• Categorisation: family,

criminal, labour, property, trade, business.

• Retribution• Established system of

judges

Early History of Codified Law• Mosaic Law• First give books of Old

Testament, Ten Commandments

• Literally carved in stone

• Corporal/capital punishment

• Retribution

Early History of Codified Law• Justinian Code• Became basis for

Western law traditions

• Established profession of experts

• Equity • Lives on in Napoleonic

(French Civil) Code

Early History of Codified Law

• Greek• responsible for 4 main types of law:

1. Tort Law 2. Public Law 3. Procedural4. Family

• creating the legal process trials, convictions, and sentencing

Foundations of Canadian Law

• Two of three founding nations of Canada • France- Napoleonic/French Civil Code

• England- Common Law

Foundations of Canadian Law• French Civil Code• Private Law, based on Roman Law of Emperor

Justinian• 1 book• Associated with “Civil Code” & “Justinian

Code”• Contains almost all private law• Major influence Quebec Law- permitted in

Proclamation 1770/Quebec Act 1774

Foundations of Canadian Law• English Common Law• “Judge-made law”• Founded in feudal England• Judges traveled from town to town & applied

the law similarly in similar cases• Known as: “Rule of Precedent”

“Stare Decisis” – to stand by previous decision•Established impartial & standard law•Judges rulings recorded – creating Case Law, which was applied in future similar legal cases

*King always maintained veto

King

Lords Barons (Sole Judges of law) Judges

English Common Law (Judges met (assizes) to increase consistency)

Foundations of Canadian Law• English Common Law Evolution (I)

Foundations of Canadian Law• English Common Law Evolution (II)• Rule of Law• Equality• No restrictions without reason• Legal rights could not be changed

without consent (of the people, where true power lay)

• Habeas corpus