Hammurabi’s Code

AIM: Why did Hammurabi’s Code provide justice for Ancient Babylon?

Do Now: Agree or disagree – “an eye for an eye, a life for a life.” Explain.

HW: Create a set of ten laws, and their punishments for the classroom.

If a freeman rents a field but does not cultivate it, he shall pay the

owner grain based on the yield of adjoining fields.

If a freeman brings false testimony in a case that

carries the death sentence, he shall be put to death.

If a builder builds a house and does not make the construction

firm and the house collapses and causes death of the owner, that

builder shall be put to death.

If a trader borrows money from a merchant and then denies it, and the merchant can prove this loan was made, the trader shall pay the merchant three times the

amount he borrowed.

AIM: Why did Hammurabi’s Code provide justice for Ancient Babylon?

Do Now: Agree or disagree – “an eye for an eye, a life for a life.” Explain.

HW: Create a set of ten laws, and their punishments for the classroom.

British “Constitution”

• Magna Carta (1215): British nobles force King John on the southern England plain of Runnymede to sign this document (written in Latin) pledging to protect the rights of nobles (condemned by Pope)

• Petition of Right (1628): Written by the great common law exponent Edward Coke (pronounced “cook”), protected the rights of people and Protestant Parliament against King, restated Magna Carta and rights

• English Bill of Rights (1689): Parliament forced Prince William to sign before taking the crown from last Catholic King James II, model for U.S. Bill of Rights

Common law concepts from British “Constitution”

Trial by jury (predates Magna Carta) Stare Decisis: Don't change past precedents,

dependability and fairness in law Ex Post Facto laws: Don't pass a law

criminalizing something that already happened Habeas Corpus: No imprisonment without a

court hearing

Development of Common law

[Stare decisis] is a maxim among ... lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.— Jonathan Swift, Gulliver’s Travels

Declaration of Independence

• “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed”

• Asserts three things1. There is a God2. He gave us rights3. People create government to protect rights

Goals of the law• Based upon moral, economic, political and

social values• Desired outcomes of the law

– 1. Protect human (individual) rights– 2. Promote fairness– 3. Resolve conflicts– 4. Promote order/stability– 5. Promote desirable social or economic behavior– 6. Represent the will of the majority– 7. Protect the rights of minorities

Contrast between U.S. and United Nations “rights”

U.S. Rights “endowed by our

Creator” i.e., God Rights “inalienable” Bill of Rights defines

government limits First Amendment:

“Congress shall make no law ...”

U.N.No God mentionedRights have exceptionsUDHR defines limits of

individual rightsArticle 29: “In the exercise

of his rights, everyone shall be subject only to such limitations as are determined by law...”

TheU.S. Constitution

1. Pre-Amble2. Articles (7)3. Amendments (27) (The 1st 10 are the Bill of Rights)

Almanac p. 487-495

Basic Concepts of theU.S. Constitution

1. Separation of Powers: (3 branches) The break-up of government into different bodies, each with its own roles.

– Legislative: Makes the laws– Executive: Enforces the laws

– Judicial: Judges whether the law has been broken in a case

2. Checks and balances: A “stop” that each branch has on other branches of government

– President: Veto– Congress: Veto override, impeachment– Supreme Court: Judicial review, declares

unconstitutional laws null and void

Security in U.S. Constitution

• 3. Federalism/Division of Powers: (3 levels) Distribution of government powers at different levels, some at the federal but most at the state and local levels (see 9th and 10th

Amendments)• 4. Enumeration of Powers: A list of powers the

government has and can't go beyond (most powers are listed in Article I, Section 8 of U.S. Constitution)

• 5. Bill of Rights: A list of things government can't do.

Legal Systems

• Common Law: Legal system based upon British traditions, followed by most English-speaking nations. It is based on rullings of past cases.

Common law system

• Criminal law: When an individual is charged with doing a wrong against all of society –everyone – and is charged by the state. The standard of evidence for conviction is “beyond a reasonable doubt.”

• Prosecutor/District Attorney• Defendant• Beyond a Reasonable Doubt• Prison, Jail, Fine, Probation (Really Anything Deemed

Reasonable)• Sentencing Guidelines

• Civil law: When an individual is charged with causing a harm to a particular individual in society (or group in society) and is sued in court. The standard of evidence for a decision is “beyond a preponderance of evidence.”

• Plaintiff• Defendant• Preponderance of Evidence• $$$$$$

Criminal law system

• Felony: More serious crimes (in Massachusetts, crimes that can result in sentence of more than 1.5 yrs in prison)

• Misdemeanor: Less serious crimes (in Massachusetts, crimes that can result in sentence of less than than 1.5 yrs in prison)

• Civil Infraction: Punishable by a small fine.

Terms from First Chapter

JurisprudenceCommon Law v. Civil LawCriminal laws v. Civil lawsFeloniesStatuteMisdemeanorsCivil actionProsecutorBeyond a reasonable doubt

PlaintiffDefendantJudicial ReviewSeparation of powersFederalism Bill of RightsUnconstitutionalPreponderance of the

evidence