Early roots of legal theory

Question 1

Who is king Hammurabi

Answer 1

He was the king of Babylon (BCE) before common era

Question 2

How many laws are there in the code of Hammurabi

Answer 2

282 laws in the code of hammurabi

Question 3

What is the code of Hammurabi

Answer 3

the code of hammurabi is a set of laws(282) made by king hammurabi. King hammurani wrote these laws in stone, and it was the first time that laws had been codeified

Question 4

What does the code of Hammurabi focus on?

Answer 4

The code focuses on retribution: - an eye for an eye ( loss)

Question 5

Mosaic Laws

Answer 5

First 5 books of the old testament, the mosaic laws focus on Restitution (compensation) giving back what you took

Placed greater emphasis on honouring the family

Severity of punishment was greater than in
Hammurabian Code…

Question 6

Name key differences between restitution and retribution:

Answer 6

Retribution focuses more on loss for the wrongdoing, meanwhile restitution focuses on giving back to the person who was wronged (focus on gain)

Question 7

Roman law

Answer 7

• Formed foundation for all European laws
• when law became more complex
• Romans established the term we use today (lawyer)

Question 8

What is Justinian code

Answer 8

• It is the collection of previous laws
• The legal opinions of roman experts
• New laws crested to suit the society, and for the better

Question 9

Napoleonic code

Answer 9

 In 1804, Roman Law was revised in France by Napoleon
into French Civil Code
o Foundation of legal heritage in Quebec
o Guaranteed several rights and freedoms as absolute

Question 10

English Common Law:

Answer 10

Based on feudal system where laws and disputes were
settled by Feudal Lords
 Lords (land owners) would make decisions involving
people who lived on their land
 Created tremendous inequality (Different rulings!)
 Evolved to see “Kings” tour kingdoms to hear people’s
pleas…eventually proved to be too much work…
 “Travelling” Judges were in turn hired…worked in
“Assizes” to discuss matters affecting all citizens
 became the foundation for “Case Law” which is the
essence of our Common Law System in Canada (no Que!)

Question 11

Rule of Law and Magna Carta in 1215:

Answer 11

Equality became more significant as King John would be
equally subjected to the “Law”
 “Due Process” (guarantees fairness in all legal
proceedings”) and “Habeus Corpus” (“body” brought
before the court in a reasonable period of time) were
established as key legal principles
 disputes settled by discussion and negotiation (plea