History Of Law Assignment

Written By Natasha Dixon, Mr. Kostiuk, CLU3MO

Introduction

The four time periods that I have chosen to compare and contrast the developments in law over time are: The Hammurabi Code, The Napoleonic Code, The British North American Act & lastly King John's reign from 1199 to 1216
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Summary Of The Hammurabi Code

The Hammurabi is one of the earlier code of laws. It mentioned very gruesome forms of punishments. It is also one of the most well known examples of "retribution". One famous phrase that was taken form this era is "eye for an eye". For example.) If a man broke another's man arm during a dispute, the perpetrator would get their arm broken in return. Listed below are some facts about the Hammurabi code:

  • The Hammurabi code established a minimum wage system for workers
  • It is one of the earliest examples of presumption of innocence

Summary of The British North American Act/ Constitution Act

The British North American Act was the original basis of a legal system for the provinces of Ontario, New Brunswick, Nova Scotia and Lastly Quebec. The British North American act involved British and Canadian statues and also some principles known as the "conventions of the constitution". The BNA act demonstrates some of the main principle behind the distribution of power in parliament. (Section 91, over banking, criminal law and the postal system.) Because of the generality for some of the concepts , occasionally conflicts raised over the provincial and federal laws. "Natural dimensions" is an example of provincial jurisdiction . E.g.) In a state of war, all matters would go under central control.


  • The BNA act was signed by Queen Victoria on Match 29th 1867 and was implemented on July 1st 1867.
  • IN 1982, The BNA act was renamed the Constitution act
  • The BNA act was drafted at the Quebec Conference on Canadian Confederation in 1864
  • The BNA act samples the distributions of power in parliament.
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British North America Act creates the Dominion of Canada

Summary of The Napoleonic Code

The Napoleonic code was a legal code created in post - revolutionary France, and was put into action by Napoleon in 1804. Napoleon gave the law under his own name. Some of Napoleons laws still remain in France today. The Napoleonic code also heavily influenced the ground work of our legal system in the nineteenth century.


Why was there a need for Codified laws?

France wasn't under one unit before the revolution. The reasons why were because of language barriers, and economic differences. Those differences resulted in geographical differences such as Roman Law being used in southern France and German customary law being used in northern France.


After the code was implemented

Many people in authority had worked to prevent the codification. In March 1804, the Napoleonic code was approved. The Napoleonic code was composed of several different branches of law. The three main components were commercial, civil and criminal law. Civil law was placed under two categories which were property and family. One of the main features of the Napoleonic code was that it allowed the influence of men in households to be much stronger than the women. Male citizens were granted equal rights for the law under religious dissent.


Napoleon's control was influential in several European countries and even in South America

King John Era 1199-1216

The Creation of the Magna Carta:
  • 1209, Cambridge university was created
  • 1215, John gathers English barons "judges" to create the Magna Carta
  • (The Magna Carta was the first written constitution)
  • 1215, the Pope Innocent (3), declared that King John wasn't obeying the rules of The Magna Carta
  • 1216, The Barons began to get into disputes against King John
  • 1216, John dies of a fever in Newark and was buried at the Worcester Cathedral
~King John was crowned May 27 1199~
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Comparison List

Social Values:

-Men were superior to women , " Napoleonic Code"

-Women should have as much rights as children, "Napoleonic Code"

-Main goal was to preserve , peace, order and good government. "BNA act"

-Men are more important than men, "King John"


Religious/Spiritual Beliefs

-Catholic/christian, "Napoleonic Code"

-Catholic ( From Britain), "BNA act"

-Catholic, "King John"

-Jewish, "Code Of Hammurabi"


Legal Principles:

-equal treatment ex.) "eye for an eye, arm for an arm", "Napoleonic Code"

- disputes may be handled by A Lord, Judge or jousting, "King John"

- Power should be distributed evenly ex.) federal and provincial powers


Legislation:

-Roman law/German customary Law, "Napoleonic Code"

-Commercial, criminal and civil law, "Napoleonic Code"

-Federal & Provincial, "The BNA act"


one common aspect when looking at all of the time era's for legislation, is that the powers/rulings are decided into sections. These sections are often categorized under criminal law, and family law.)