Historical Sources of Law

Code of Hammurabi

• Main Features: One of the earliest written legal codes; based on retributive justice ("an eye for an eye"); strict and severe punishments; laws were publicly displayed.

• Significance to Canadian Law: Established the principle that laws should be written and accessible; introduced the idea of proportional punishment, which evolved into modern sentencing.

• Shared Features:

  • Justinian Code, Napoleonic Code: Written and codified laws.

  • Mosaic Law: Focus on moral justice and specific punishments for actions.

Mosaic Law

• Main Features: Based on religious principles (Ten Commandments); emphasized morality and social justice; punishment based on intent.

• Significance to Canadian Law: Influenced moral aspects of modern laws (e.g., prohibitions against theft, murder, and perjury); foundation for ethical legal principles.

• Shared Features:

  • Hammurabi’s Code: Punishment for crimes.

  • Justinian Code, Magna Carta, Napoleonic Code: Moral and ethical foundations of law.

Magna Carta

• Main Features: Established the principle that no one, including the king, is above the law; introduced the right to a fair trial and habeas corpus.

• Significance to Canadian Law: Laid the foundation for constitutional law, rule of law, and individual rights in Canada.

• Shared Features:

  • British Common Law: Foundation of legal rights.

  • Justinian Code, Napoleonic Code: Influenced later codified laws.

Napoleonic Code

• Main Features: Comprehensive set of civil laws emphasizing clarity, equality, and individual rights; influenced many European legal systems.

• Significance to Canadian Law: Influenced Quebec’s Civil Code; basis for modern civil law systems.

• Shared Features:

  • Justinian Code: Codified laws.

  • British Common Law, Magna Carta: Legal rights and protections.

Justinian Code

• Main Features: Organized and simplified Roman law; introduced legal principles still in use today (e.g., justice, contracts, and legal procedures).

• Significance to Canadian Law: Influenced civil law traditions, particularly in Quebec.

• Shared Features:

  • Napoleonic Code: Civil law traditions.

    • Hammurabi’s Code, Mosaic Law: Codified legal principles.

Duke of Normandy

• Main Features: Established a hierarchical system where land ownership determined law and justice; introduced trial by ordeal and combat.

• Significance to Canadian Law: Introduced the feudal court system, which influenced early English law.

• Shared Features:

  • British Common Law: Development of legal customs and precedents.

    • Magna Carta: Shift from absolute monarchy to shared legal responsibilities.

British Common Law

• Main Features: Based on legal precedents and case law; judges interpret and apply the law; adaptable and evolving system.

• Significance to Canadian Law: The foundation of Canada’s legal system (except for Quebec's civil law system).

• Shared Features:

  • Magna Carta: Legal rights and due process.

  • Duke of Normandy’s Feudal Law: Basis for early English courts.