CHAP 2 Flashcards
- In the beginning of civilization, ACTS are characterized by behavioral controls categorized as: FORIDDEN ACTS, ACCEPTED ACTS AND THOSE THAT ARE ENCOURAGED OR ENCOURAGE ACTS
THE PRIMITIVE SOCIETY
are characterized by behavioral controls categorized as: FORIDDEN ACTS, ACCEPTED ACTS AND THOSE THAT ARE ENCOURAGED OR ENCOURAGE ACTS
ACTS
ACTS are characterized by behavioral controls categorized as:
FORIDDEN ACTS,
ACCEPTED ACTS
ENCOURAGE ACTS
-crimes, violence, rebellious acts and other acts which are expressly prohibited by the society
FORBIDDEN ACTS
- acts or omission punishable by law, forbidding or commanding it
CRIME
-acts of a person using physical force or causing an injury to the body of the person either physical harm or psychological harm
VIOLENCE
-are those acts that can be beneficial to the welfare of the society such as early traditions and practices, folkways, norms, those that are controlled by social rule and laws
ACCEPTED ACTS
-are anything approved by the majority which is believed to be beneficial to the common good includes marrying, having children, crop production, growing food and etc
ENCOURAGE ACTS
THREE MAIN LEGAL SYSTEMS
- ROMAN LAW
- MOHAMMEDAN/ ARABIC LAW
- ANGLO-AMERICAN LAW
Among the Three Legal System, it was the _______ that has the most lasting and most prevailing influence
ROMAN LAW
(which include CRIMINAL LAW), especially has offered the most adequate basic concepts which sharply define, in concise and consistent terminology, nature in a complete system, logical and firm, tempered with the high sense of equity
ROMAN LAW
is the basis of modern legal order worldwide
ROMAN LAW
-it is the “Oldest Code Known to Man”
CODE OF UR-NAMU
-this institutes fines of monetary compensation for bodily damage, as opposed to the later “LEX- TALIONIS” or “EYE FOR AN EYE” principle of Babylonian
-However, murder, robbery, adultery and rape were capital offenses
CODE OF UR-NAMU
LEX- TALIONIS/ LEX TALIONES
☆ exact latin translation of this is LAW OF RETALIATION
-it was advocated by KING HAMMURABI OF BABYLON about 1990 B.C (Before Christ)
CODE OF KING HAMMURABI
-wrote this code, credited as the “Oldest Code” prescribing savage punishment, based on the Principle of Retaliation or Lex Taliones which means “an eye for an eye, a tooth for a tooth”
CODE OF KING HAMMURABI
-But in fact, Sumerian Codes were nearly one hundred years older
CODE OF KING HAMMURABI
its purpose is to provide equitable retribution or vengeance for an offended party so that a person who has injured someone, receives the same injury in compensation
CODE OF KING HAMMURABI
ROMAN AND GREEK CODES
JUSTINIAN CODE
THE TWELVE TABLES/ XII TABULAE
GREEK CODE OF DRACO
BURGUNDIAN CODE
-promulgated by Emperor Justinian of Rome
JUSTINIAN CODE
-formally known as the CORPUS JURIS CIVILIS or BODY OF CIVIL LAW
JUSTINIAN CODE
-In middle ages around 529 A.D (Anno Domini)
-this became the STANDARD LAW in ROMAN EMPIRE particularly in Europe
JUSTINIAN CODE
-it is a revision of the 12 tables of Roman Law
JUSTINIAN CODE
-it represented the earliest codification of Roman Law incorporated into the Justinian Code
THE TWELVE TABLES/ XII TABULAE
-it is the formulation of all public and private law of the Romans until the time of Justinian
THE TWELVE TABLES/ XII TABULAE
-it is also the collection of legal principles engraved on metal tablets and set up on the forum
THE TWELVE TABLES/ XII TABULAE
it is considered as the harsh code that provides the same punishment for both citizens and the slaves as it incorporate primitive concepts (VENGEANCE AND BLOOD FEUDS)
GREEK CODE OF DRACO
☆ It is considered as the First Written Law of Greece
GREEK CODE OF DRACO
☆ This law introduced the States Exclusive Role in punishing persons accused for crimes
GREEK CODE OF DRACO
– means in English is “unreasonable harsh law”
DRACO/ DRACONIAN
were the first society to allow any citizen to prosecute the offender in the name of the injured part
Greeks
-this law repealed Draco’s Law and allowed capital punishment only for a limited number of serious offender such as murder or military or political offenses against the state
SOLON’S LAW
-it also gave the right of representation of every person to claim redress on behalf of another to whom wrong was being done
SOLON’S LAW
-it is specified punishment according to the social class of offenders, dividing them into: NOBLES, MIDDLE CLASS, AND LOWER CLASS and specifying the value of the life of each person according to social status.
BURGUNDIAN CODE
-a.k.a “LEX GUNDOBADA, GUNDOBADA CODE, GUNDOBAIDS CODE”
BURGUNDIAN CODE
- it was revised by KING SIGISMUND
BURGUNDIAN CODE