History Of Law

By: Nithusha Uthayakumaran

British North America Act (BNA)

The BNA act was signed by Queen Victoria on March 29th, 1867 but only came to effect on July 1st, 1867. Later was renamed as Constitution Act and this was rule for the government of the federal nation and there were division of powers between the federal and provincial government. Some provincial duties were: property and civil rights within the province, management of hospitals, shops and salons etc. Some federal duties were: postal services, military, navigation, criminal law, marriage and divorce, etc.

Statute Of Westminster

The statute of Westminster took place on December 11th, 1931 which clarifies British laws of powers of Canada's parliament. These changes occurred after world war one and other countries recognized Canada and earned their full independence from Great Britain, which allowed them to be involved in foreign affairs and passing their own laws. The significance importance is it marks the effective legislative in dependence and it sets the basis for continuing the relationship between the commonwealth reals and the Crown. Some countries include Canada, Australia, New Zealand, South Africa, Ireland, and Newfoundland.

The Code Of Hammurabi

This historical event happened during 1795-1750 in Babylon which was ruled by King Hammurabi. The code of Hammurabi was carved upon a black stone monument which is about eight feet high. If anyone disobeyed the law expelled from leadership forever and heavily fined. If it is a severe crimes are made punished with death and this was referred as "an eye for an eye". Some of the Code of Hammurabi include; "if a man has broken into a house the shall be killed before the breach and buried there", "if she has not borne children, her mistress shall sell her". The significance of this event is it was the first ever written legal document and it teaches people about the class divisions, political and economic factors. Hammurabi protects his citizens thorough a code of laws instead of judging each case. This brought justice and fairness to the citizens even though he was a harsh leader.

Mosaic Law

The Mosaic Law was targeted towards Israel and it was made up of three parts: the Ten Commandments, the ordinances, and the worship system. The purpose of this law was to "reveal the holy character of the eternal God to the nation of Israel, provide a way of worship for the community of faith through the yearly feats, provide gods direction for the physical and spiritual health of the nation." There are two divisions, ceremonial and moral laws. Ceremonial law is the fulfillment in Christ at his first advent and having now passed away. The moral law is force believers rule of life. The importance to this law is it shows how much we fail so that we could do better understand how great gods love and forgiveness is for us to overlook our many shortcomings.

Comparion Of Hammurabi and Mosaic Law

Under Hammurabi's law a thief was beaten to death while in the Mosaic law they had to return what they had stole. In Hammurabi 's code a son who hit his father had his hand chopped off while in the Mosaic law had them put to death. As you can see they have there differences depending of the severity of the situation. Hammurabi's code made higher class citizens above lower class while Mosaic law allowed no differences no matter what class.

Comparison between BNA act and Statute of Westminster

The BNA act was established before the Statute of westminster. The BNA act states the division of powers between federal and provincial government, while the Mosaic law states the independence of Canada from Great Britain. They do not have much in similar as they are two different acts but to this day we use these acts.

Bibliography

"Ancient History Sourcebook: Code of Hammurabi, C. 1780 BCE." Internet History Sourcebooks. N.p., n.d. Web. 21 Sept. 2014. <http://www.fordham.edu/halsall/ancient/hamcode.asp>.


"A Three-Minute Guide to the BNA Act, 1867." Canadian Human Rights Commission / Commission Canadienne Des Droits De La Personne. N.p., n.d. Web. 21 Sept. 2014. <http://www.chrc-ccdp.ca/en/browseSubjects/bnaguide.asp>.


"Code of Hammurabi." Code of Hammurabi. N.p., n.d. Web. 21 Sept. 2014. <http://www.commonlaw.com/Hammurabi.html>.


"Mosaic Law Legal Definition:." Mosaic Law Legal Definition. N.p., n.d. Web. 21 Sept. 2014. <http://www.duhaime.org/LegalDictionary/M/MosaicLaw.aspx>.


"Statute of Westminster." The Canadian Encyclopedia. N.p., n.d. Web. 21 Sept. 2014. <http://www.thecanadianencyclopedia.ca/en/article/statute-of-westminster/>.


"The Mosaic Law: Its Function and Purpose in the New Testament." Bible.org. N.p., n.d. Web. 22 Sept. 2014. <https://bible.org/article/mosaic-law-its-function-and-purpose-new-testament>.


"What Was the British North America Act?" About. N.p., n.d. Web. 21 Sept. 2014.