Historical Foundations of Law
You will examine the legal systems created by the ancient civilizations of Babylon, Israel, Greece, and
Rome to gain an understanding of contemporary Canadian law.
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In groups of 4 you will research one of the historical groups or people in
the list below. Investigate when and where yours took place, what the
main features of the legal system were, give examples of laws based on
that system and discuss the impact that can be seen in the Canadian legal
system.
You will then present this information in a brief lesson to the class. This will be in the form of an oral
presentation 5-10 minutes long and will include at least one visual aid (PowerPoint, poster, handout,
video, 3D model, skit, etc). The visual aid must be visually appealing and visible to entire class, useful to
the students whom you are teaching and ready on the day of your presentation.
This means if you need copies, a TV or DVD player, laptop or
projector, you MUST speak to me about it at least 24 hours before your presentation.
This is part of the preparation and creation of your presentation.
Remember, you are the teacher. Make your ‘lesson’ interesting and engaging, easy to understand, and
relevant to the topic.
Code of Hammurabi – circa 1800 BC (codification/stone tablet)
Mosaic Law – circa 1000 BC (Restitution/stone tablet)
Law according to the Greeks :
Socrates – circa 460 BC (Socratic inquiry method)
Plato – circa 460 BC (The Republic/Philosopher Kings)
Aristotle – circa 380 BC (Natural Law/Rationalism/equity)
Rome – Justinian – circa 480 AD (Universal/Civil laws/Justinian Code)
St. Augustine - circa 350 AD (Christian justice/City of God)
William, King of England – circa 1070 AD (Feudalism/Common law/Precedent)
Magna Carta – circa 1215 AD (Great Charter/Rule of Law/Writ of Habeas Corpus)
St. Thomas Aquinas – circa 1225 AD (Canon Law/Roman Catholicism)
Napoleon – circa 1800 AD (Napoleonic Code/Quebec Civil Code)
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Historical Foundations of Law
Historical
Group/Person
Code of Hammurabi
Mosaic Law
When & Where
- Hammurabi – King of
Babylon (1792 – 1750 BCE)
- Discovered in 1901 in
modern day Iran
- Given to Moses by God
(Christian religion)
- Israel
- 500 years after death of
Hammurabi
Examples of Laws
- If someone accuses
another of a crime but
doesn’t prove the crime,
the accuser will be put to
death
Impact on Canadian Legal
System
- The first time laws were
written down to
standardize the laws and
the penalties
- 10 commandments
- shall not kill, steal, etc.
- reflected in many of our
laws
- murder, divorce, theft
laws in Canadian Criminal
Code.
- Greece 400BC
- Democracy (all citizens have
voice in running country)
- citizens = land-owning men
- Juries; sometimes very
large (500-1000)
- Misleading Athenian
youth and undermining
Athenian democracy
(Socrates)
- Roots of democracy
- introduction of the jury
system
- Rome (much of Europe
and Northern Africa)
- 450 BC
- law must be recorded
- justice cannot be left in the
hands of judges alone to
interpret
- Sons shall be under the
jurisdiction of the father.
- Public prosecution of
crimes
- victim compensation
Greeks
- Socrates
- Plato
Roman
Main Feature of Legal
System
- Codified rules & penalties
for all aspects of life
- based on retribution (eye
for an eye) and restitution
(making payment for crime)
- doesn’t differentiate
between accidental and
intentional
- Laws passed down by God
- Differentiates between
accidental and deliberate
actions
- Strong/wealthy encouraged
to care for the weak/poor