History of Law in Society

Laws in Canada Our legal system has its origins in many

cultures including aspects of Mosaic Law, Greek Law, Roman Law, French Law, and British Laws. In Canada, we are also influenced by Aboriginal Law.

Our laws were first codified in 1892 with the Criminal Code of Canada.

The types of laws we posses are criminal and civil in nature.

History of Law in Canada

Laws in Canada Many early laws in history were based

on either Retribution or Restitution. In Canada, our laws include elements of both. In criminal cases, voluntary restitution to a plaintiff by a defendant can be considered when determining a punishment under the criminal code.

History of Law in Canada

Protection of People and Property In Canada, the protection of people and

property is a key element of our criminal laws

The protection of people is covered by the Rule of Law as well as the Charter of Rights and Freedoms.

The right to be tried by an impartial jury of peers is a fundamental cornerstone of Canada's legal system.

History of Law in Canada

Disputes, Contracts, Wills etc. Laws were established in Canada to

settle disputes - the ations (Negotiation, Mediation,

Arbitration. We have laws to regulate the use of

contracts and wills.

History of Law in Canada

The Babylonians & The Code of Hammurabi When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

History of Law in Canada

The Hebrews & the Mosaic Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

Greek Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

Roman Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

Byzantine Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

French Law or Napoleonic Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

British Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

Aboriginal Law

History of Law in Canada

When Codified? Type of Law Basis of Laws – Retribution or Restitution

Protection of Property Protection for Persons Settle Disputes Regulate Contracts

Definitions You Need

Definitions Law in Canada

Codification of Laws Retribution Restitution Ten Commandments Origin of Democracy Divine Right Trial by Ordeal or

Combat

Adversarial System Case Law Common Law Stare Decisis Rule of Precedent Habeas Corpus

The Great Binding Law

Laws were passed orally down the generations, but as societies grew, it became important that they were codified, or written down.

History of Law in Canada

The Codification of Laws

History of Law in Canada

1. Code of Hammurabi- First Codified law: governed all aspects

of life- Laws were said to be from the gods- Very male-dominated- Based on retribution and restitution

Hammurabi’s Code

The Mosaic Laws

History of Law in Canada

2. Mosaic Law- Ten Commandments- Laws became more specific and

focused on deliberate action. First to look at intent.

- Restitution (restore oxen)- Retribution (put to death)

Greek Law

History of Law in Canada

- First democracy, but for citizens only.- Citizens expected to participate in

decisions. First to have jury duty.- The Greeks used democracy to decide

the punishment. Both the accused and accuser chose a sentence, and the jury voted. (Socrates)

Roman Law

History of Law in Canada

- The law must be recorded, and justice was not left only to judges to decide.

- Public trials, victim compensation, protection of lower classes from the elite, and legal experts for counsel. First to have Lawyers.

- Codified Roman Law was brought to England and is the foundation of modern law.

Justinian and the Byzantine Empire

History of Law in Canada

- Organized and clarified Roman Law into Justinian’s Code.

- Inspired modern concept of justice (Justinian) and provided the foundation for much of modern law.

- Created the distinction between civil and criminal law

History of Law in Canada

The Napoleonic Code

- Also known as the French Civil Code (Still used in Quebec)

- Spread throughout Europe in Napoleon’s Empire.

- Became popular because it was simple to understand.

- Regulated wills, property, family law and contracts

History of Law in Canada

Effects on Canadian Law - Early British Law

- After the Romans left Britain, the people turned to local customs.

- Trial by Ordeal: God will save the innocent. http://www.youtube.com/watch?v=zrzMhU_4m-g

- In all Trials (by ordeal, oath helping and combat) it was assumed God would save the innocent.

- Today’s Adversarial System where lawyers meet and “battle” stem from this tradition.

- Today, many of our legal traditions and customs come from Britain.

History of Law in Canada

Early British Law

The Feudal System- The King was the law by Divine Right,

meaning his laws came from God.- Land was owned by noblemen, and they

ruled their land with their own laws and judgments.

- Some were fair, others not. Eventually, the people rose up against this treatment.

History of Law in Canada

Early British Law

Common Law- King Henry II created a new system that was

consistent.- Circuit Judges traveled the country and worked in

courts called assizes.- Judges used common sense, and began to notice

common elements. They formed case law or common law.

- Unusual cases and decisions started the rule of precedent. This comes from Stare Decisis…stand by the decision

History of Law in Canada

Early British LawLegal Reforms

- King Henry then created juries, courts and a legal system that took power from the king.

- If laws weren’t from God, the king was no longer above the law.

- The Magna Carta was created which gave the people rights.- This led to the development of the Rule of Law (from earlier)

and now everyone was equal.

- The right of habeas corpus prevented people from being arrested and imprisoned with proper reason.

History of Law in Canada

Aboriginal Law- The native nations of North America had laws that were

passed orally down generations.

There was a strong sense of family, community and spiritual belief in a creator.

Around 1450, the Six Nations group codified their laws into The Great Binding Law.

This law created a complete legal system of rights and freedoms.

History of Law in Canada

ReflectAlthough the laws have changed dramatically since the Code of Hammurabi,

many traditions are still linked to the past.

Mosaic Law provides the root of Judaism, Christianity and Islam which have brought many legal traditions around the world from the past.

The Greeks gave us juries of our peers and the Romans gave us lawyers.

The Roman system also formed the basis of the Quebec Civil Code.

The British system gave us common law, rule of law and precedent.

Aboriginal legal traditions are playing a larger role in in land claims and treaty rights, and are being used to govern communities.