History of Law

This is a written code on stone columns by the king of Babylon in 1772 BC. These earliest written laws were said to have been received by the sun god called Samash. Man, this sun god really liked making rules because there were so many of these laws that the Hammurabi people could not possibly remember them all. They had to review the laws from the stone columns often, although many of them could not read. A scribe would have to read the laws to the citizens. These laws protected all the classes including women, slaves, and the weak, etc. The criminal laws at this time were mainly based on retaliation, for example, the eye for an eye mindset. The columns written included things like price fixing, medicine, interest charges, agriculture, stated penalties, and of course justice and protection of persons. Although these laws seem very just, there are still inequalities in the code of Hammurabi. For example, a lot of the laws catered more towards the men or the wealthy. Also there seemed to be a hierarchy of power, gods and kings at the top and slaves at the bottom. Women and children were considered property. The penalties for the laws were sometimes excessive and cruel, although the laws were fair. Around 400 BC, Greece created the first form of democracy, which is the system that Canada currently holds today. This system was created by Solon, a famous Greek lawmaker, who did this by bringing many laws and constitutions to Athens, which included tort law, family law, public law, and procedural law. The term democracy comes from the Greek words demos, which means people, and kratos, which means rules. Their legal system was ruled by the citizens, meaning only by males or their children who were born in Athens. Women could not vote, hold office, or own property. Women on trial couldn't speak on their own behalf. The accuser and accused would suggest a sentence and the jury would vote on the one they saw fit. The purpose of the system was to protect the males in society, as well as to produce more citizens. Democracy allowed Greece to progress culturally and help develop the concept of negotiation and trade. A few main differences between ancient Greece's democratic system and present-day Canada is that instead of lawyers helping to defend an individual, other citizens would do it, and many of the punishments were also a lot harsher. Greece most often resorted to capital punishment. Their democratic system lasted around 200 years before being succeeded by Philip of Macedon, who acted as the country's king. This legal system was made under William the Conqueror in 1066. It was really focused on the feudalism. Basically, the king was thought of as a steward of God, therefore owned all the land, and he can pretty much do whatever he wanted. For example, take land away, put people in prison, or tax people on anything, etc. The barons and the lords were given large estates rewarded for their loyalty of serving the king. When there were disputes within this group, it was actually settled by trial by combat. They were able to hire someone to fight for them, and the fight usually occurred at sunrise or the first star, and this method lasted until about 1547. The barons and the lords had to pay their tithes to the king and the pope, also had to do whatever the king told them. With their land, they proceeded to rent it out to peasants. The peasants worked hard and farmed the lands, similar to a slave. They paid rent to the barons and tithes to the pope. When conflicts arise, the house lord would be the one to settle it under their own rules, whether civil or terror-based. Finally, there was a pope in the system who worked alongside the king, giving the king blessings from God. In return, the king provided tributes and also fights wars called crusades for the pope. John Lackland was king of England from April 6th 1199 until his death in 1216. He was the youngest of five sons of King Henry II of England and Eleanor of Aquitaine, and was not likely to be left with significant lands. John's older brothers William, Henry, and Geoffrey died young, and by the time his other brother Richard I became king in 1189, John was potential heir to the throne. Richard died in 1199, and John was announced the king of England. At the time, England was at war with France, and King John achieved early victories. However, there were shortages of military resources, which resulted in the collapse of his empire in France. King John spent much of the next decade attempting to reclaim these lands and rebuild continental alliances. His improvements had a lasting effect on the English common law system, as well as providing an additional source of revenue. However, he became mad with power and wealth, and he lost a major battle in France over John's allies at the Battle of Bouvines. When he returned to England, John faced a rebellion by many of his barons, who were unhappy with his financial policies and his treatment of England's most powerful nobles. Although both John and the barons agreed to the Magna Carta peace treaty in 1215, which stated that everyone could have their day in court, neither side complied with its conditions. John died of dysentery and inflammation of the intestine, contracted in eastern England during the late 1216. The Napoleonic Code is the French civil code established under Napoleon I in 1804. He was a military and political leader, and eventually the emperor of France. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified. There were many more laws about marriage and about how women could be represented in trials. They could usually represent themselves as long as they had their husband's approval. It was drafted by a commission of four well-known jurists, and soon after it became in force, its stress was on clearly written and accessible law. It was a major step in replacing the previous system of feudal law, which was the idea of structuring society around the owning of The Napoleonic Code is definitely one of the most influential and well-known codes around the world, and was adopted in many countries occupied by the French during the Napoleonic Wars. It formed the basis of the private law systems of Italy, Belgium, Spain, and Portugal. However, legal systems of the United Kingdom are derived from English common law.