History of Law Flashcards
Hammurabi,Greeks,Romans, Biblical times...
1
Q
History of Law:
- when did it exists?
- over time…
- interpreting laws=
- local customs and beliefs=
- ancient laws…
A
- law existed in early civilizations all over the world
- Not the same over time
- Interpreting laws=how people lived in time era
- Local customs + beliefs=turned into laws
- Similarities found in ancient laws (children, property rights, slaves)
2
Q
Codification:
A
- The orderly arrangement of laws into compact understandable volumes.
- Eventually the need to codify became necessary
- Ancient laws were created by Babylonians, Hebrew, Greeks and Romans
3
Q
Code of Hammurabi
A
- Earliest known codification
- Babylonian stele or cylinder stone=oldest written code of law since Egyptian Papyrus archives were destroyed
- King of Babylon (Hammurabi) complied these laws
- 300 laws inscribe in stone, some couldn’t read so a scribe would read to them (ignorance of the law is no excuse)
4
Q
Types of laws in the Code of Hammurabi
A
- Property protection
- Justice=based on revenge
- Penalties included Lex Talionis (eye for an eye)
1. If a man breaks into a house=hang to death
2. If a man kidnaps a son of a free man=put to death
3. If a man accuses another of manslaughter and can’t prove it = put to death
5
Q
Biblical Times
A
- Old testament= Torah, means Law or Guidance
- Moses=Ten Commandments received by God
- In these laws, justice served penalties (if a son cursed his father=put to death)
- Today’s Laws= still exists in Christ. and Heb. faiths
- Many countries still use these laws like Canada
6
Q
Lex Talionis
A
“Eye for an eye, hand for a hand”
AKA= Retributive justice
-Passage=victim’s crime should be compensated w/ equal justice.
-Escaping justice should be punished
-Death penalty should be imposed for some heinous (terrible) acts
7
Q
The Greeks
A
- every (40000) man must obey the law, had full access of law.
- Rich or poor, every man was free and equal to any other.
- True aim of law= harmonious society
- philosophers + educators= Natural Law
- N.L was superior than any other law made by man.
- A human law should only be obeyed if there was a penalty for not obeying it.
8
Q
- Socrates
2. Plato
A
- Philosopher; a citizen should obey all laws.
- sentenced to death but he refused to flee into exile to save his life. - student of Socrates; too much power would corrupt the leaders.
- Law was the only check upon leaders since there were no perfect leaders.
9
Q
1.Aristotle
A
- special case laws should not be rigidly applied if they cause hardship to ppl.
- introduced equity= laws should not be applied unfairly and rigidly.
- laws were too general and judges should make fair decisions to ppl
10
Q
The Greeks originated:
A
The jury system- a judgement of a man by his fellow citizens.
- 600 men chosen, 1000 fit in a court area
- man represents himself, no lawyers, no appeals
- jury would vote by placing a hollow or solid disc in the voting box regarding guilty or innocent
11
Q
The Romans
AD meaning
A
- founded by Charlemagne in 800 AD
- Law developed by tribal customs to writing
- Known as Roman code The Law of 12 Tables
- 12 tablets were published on bronze tablets in a meeting place called the Forum.
- most important= codification. Strongly believed in cod.
- If law was obsolete, revise it and write new laws
- laws remained for 1000 years
- Anno Domini
12
Q
Laws and examples of laws by the Romans
A
- owe the use of our legal system to Romans
- voting rights, pay taxes
1. Sons shall be under the jurisdiction of the father. Gave power to father to life and death over children. Daughters had no status as people
2. Parents have the right to sell their children thrice. BC of poverty.
3. If a thief is caught in the dark, or caught armed in daytime=death
13
Q
End of Roman empire
A
- romans made a distinction between armed and unarmed robbery and theft by day or night. We still use armed robbery as a distinction today
- other set of laws under the new emperor in 525 AD
- These laws spread over Europe in the 5th century
- Barbarians took over, roman law perished
14
Q
Canon Law
A
- or Church law, beginning of Christianity spread
- During dark ages
- CL=kept the flame of justice alive by the church,
- clergy had more benefits (more educated)
- started power struggle between church and state
15
Q
Roles of church vs state
A
King’s court=state. (robbery,theft,assult,taxes)
- Church=legal rules, church was the court in some matters
- Cano law= family law matters + spiritual decisions.
- God=final judge
- ex: trial by fire (pick up hot iron, walk 5 steps, god will heal you)
