Law 12Mr. Laberee

The Origins of Law

What would a world with no laws be like? o Would anarchy really be that cool?

What do we gain from having a system of laws?Laws…

o prevent disorder and conflicto Provides avenue for settling disputeso establish rules of conduct (often for public safety)o protect rights and freedoms (the Charter…we’ll get to this)o protect people (from criminal acts, negligence, and

exploitation)How do laws accomplish these goals?Which do you think are accomplished most successfully?

Least successfully?

Why do we have laws?

Have human societies always had laws? What are some examples of early systems of law?

o Code of Hammurabi (1750 BCE)o Mosaic Law (1240 BCE)o Justinian Code (550 CE)o Magna Carta (1215 CE)o Napoleonic Code (1804 CE)

Religions also played a huge part in the development of law: “divine right” of Monarchs (Kings, Queens, Emperors, Caliphs/Caliphas, Pharaohs, etc.)o Our modern definition of law includes the idea that laws apply equally to all people

within a society, which was not the case with earlier systemso In these early systems, who might have been exempt from having to obey the “laws”?

The leader(s) Religious officials Nobles/Aristocrats /Merchants (the elites)

o Some people may have been subject to special added laws. Who might they have been?

Religious minorities Conquered peoples Women Slaves

Where did laws come from?

Modern Western law: the laws of the land apply equally to all people in a society (country) o “No one is above the law” -> do we achieve this

principle?o Laws of various types have been in use for millennia but

did not usually apply equally to everyone In 1215, a document was created that provided the

foundations for modern Western law: the Magna Cartao Origins: England – King John I (bad guy in Robin Hood)o the most powerful men in England forced King John to

sign the Magna Carta to end his abuses of powero by signing, he gave up the absolute power of the King

and became subject to the law

The Origins of Modern Law

Rule of Lawo the cornerstone of our legal system; states that

the law applies equally to everyoneHabeas Corpus

o protects against unlawful/arbitrary imprisonment “Arbitrary”? -> without justified, acceptable reason 

o provides the foundations for the right to a trial, as reason for imprisonment must be proven

o Using the right to habeas corpus, any time a person is arrested, they have the right to go before a judge to object to the legitimacy of their imprisonment There must be evidence and a crime to justify denying

a person’s freedom

Components of the Magna Carta