Gavin Howe
The creation of laws has been a cornerstone of human civilization, with ancient societies laying the foundation for modern legal systems. Ancient Rome's influence, for instance, is evident in the civil law of many contemporary countries, with its Twelve Tablets providing an early example of codified laws. The Code of Hammurabi, dating back to 1760 BC, covered various aspects of life, from family relationships to crimes and their punishments. Ancient Greece's legal system also played a role in shaping the American judicial system, where individuals argued their cases without lawyers. The Middle Ages saw the development of Islamic law, influencing French and Italian civil law, while the Norman conquest of England introduced legal concepts that evolved into common law. India's ancient treatises, such as the Arthashastra and Manusmriti, guided Southeast Asian legal traditions, and Japan modernized its legal system with Western influences. Understanding these ancient legal systems sheds light on the evolution of law and its global impact.
| Characteristics | Values |
|---|---|
| Earliest known code of law | Found at Ebla, in modern Syria (c. 2400 BC) |
| Oldest legal codes | Sumerian Code of Ur-Nammu (c. 2100–2050 BC) |
| Babylonian Code of Hammurabi (c. 1760 BC) | |
| Roman law | Based on the Twelve Tablets, which contained an established set of laws |
| Influenced by Greek teachings | |
| Influenced by the Code of Hammurabi | |
| Influenced by the Code of Justinian (429–534 AD) | |
| Influenced by the Code of Theodosius | |
| Influenced by Germanic customary law | |
| Islamic law | Influenced by Sharia |
| Hanafi fiqh was codified in the Ottoman Mecelle (1870s) | |
| English common law | Developed after the Norman conquest of England |
| Influenced by royal courts and judges | |
| Influenced by jury trials | |
| Ancient Greek law | No lawyers |
| No drawn-out cases |
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What You'll Learn
The Code of Hammurabi
Hammurabi's Code is significant as it provides insight into the complexity of Old Babylonian society and their respect for the rule of law. It is also one of the earliest examples of a written legal code, predating but bearing similarities to the laws in the Hebrew Old Testament. The Code of Hammurabi is, therefore, an important text in the history of law and has even been depicted in carvings at the US Supreme Court building.
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Roman law
The legal system of ancient Rome, known as Roman law, has influenced the development of law in most Western civilisations and parts of the East. It forms the basis for the law codes of most countries in continental Europe and has influenced English common law.
The first source of Roman law was the Twelve Tables, compiled in 450 BC. The original text has not been preserved, but fragments show that it was not a comprehensive law code. Instead, it contained specific provisions designed to change the existing customary law, with the largest part dedicated to private law and civil procedure. The Twelve Tables became less useful as legal issues arose that they did not cover, such as commercial transactions between citizens and non-citizens.
Over time, the rulings of praetors contributed to the creation of a new body of praetoric law that existed alongside civil law. Praetors were not legislators, but their rulings enjoyed legal protection and often became the source of new legal rules. This flexibility allowed the law to adapt to the changing circumstances of the Roman world, from republican to imperial politics, and local to national trade.
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Islamic law
During his lifetime, Muhammad acted as a judge in legal cases, interpreting provisions in the Koran (or Quran) and helping to clarify the law. Islamic law thus became an integral part of the Muslim religion. After Muhammad's death in 632 CE, his companions ruled Arabia for about 30 years, during which time the Islamic empire expanded to include Syria, Egypt, Mesopotamia, and much of Persia. As new areas were conquered, they benefited from free trade with other parts of the growing empire.
The Umayyad Caliphate, founded in 661 CE, further extended Muslim rule into Spain, central Asia, India, and northwest Africa. The Umayyads appointed Islamic judges, known as kadis or qadis, to decide cases involving Muslims. These judges were knowledgeable about the Koran and the teachings of Muhammad and decided cases in all areas of the law. The Umayyad period was characterised by "arabisation" through intermarriage and the adoption of Arabic as the common language.
The Abbasid Caliphate, which rose to power in 750 CE, is known for its cultural and scientific achievements during the Islamic Golden Age (8th to 13th centuries). During this period, Islamic law reached its full development. The Abbasids transferred criminal law from the kadis to the government, with the kadis continuing to handle religious, family, property, and commercial law.
The classic Sharia was a body of religious and legal scholarship that continued to develop for the next 1,000 years. It was not a code of laws but a set of guidelines for judges to follow in their decision-making. The main schools of Islamic law that survived in mainstream Islam were the Hanafi, Maliki, Shafi, and Hanbali schools. Shi’ia Muslim groups developed their own system of law, the Ja’fari school.
In modern times, the application of Islamic law has declined due to Western influences and emerging civil ideas, theories, and philosophies. Legal pluralism has emerged, with Islamic law coexisting alongside civilian and customary laws, particularly in family and personal status matters. Some countries have incorporated Islamic law into their criminal justice systems, leading to the curtailment of the rights of women and religious minorities.
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Common law
The term "common law" is often used in contrast to Roman-derived "civil law". Common law is based on precedent, where previous cases and judicial opinions determine how new cases are resolved. In contrast, civil law is based on complying with enacted laws. The development of common law was influenced by earlier Anglo-Saxon traditions, such as the jury, ordeals, the penalty of outlawry, and writs, which were incorporated into the Norman common law.
In the early Middle Ages, common law was primarily developed by judges rather than legislators. The early development of case law in the 13th century has been traced to Bracton's "On the Laws and Customs of England," which led to the yearly compilations of court cases known as Year Books. These Year Books are a principal source of knowledge about the developing legal doctrines, concepts, and methods from the 13th to the 16th centuries, when common law evolved into a recognizable form.
The legislative process for creating new laws in a common law system can be lengthy and complex. It involves multiple steps, including the committee system, debate, potential conference committee, voting, and approval by the head of state or a designated authority. The process of creating laws in a common law system is quite different from that of a civil law system, which tends to have more detailed statutes.
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Ancient Greek law
The earliest Greek law to survive is the Dreros inscription, a seventh-century BC law concerning the role of kosmos. This, along with other early laws, was primarily concerned with regulating the power of officials within the community. These laws were probably set up by the elites to control the distribution of power among themselves.
The most famous city-state in ancient Greece was Athens, known for its democratic government and its system of laws. In Athens, elected officials enacted laws through a procedure known as legislation. The elected officials formed the Assembly, which was open to all male citizens over the age of 18. The Assembly would debate and vote on proposed laws, and if a law was passed, it became part of the legal system.
Draco, a legislator and Ancient Greek philosopher, is credited with creating the first written code of law in Athens around 620 BC. His laws were known for their harsh punishments and lack of flexibility, marking a shift towards a more organised and formalised system. One of his most famous contributions was the Law of Athens, which was a set of written laws that applied to all citizens of the city-state. These laws covered a wide range of issues, including property, contracts, and criminal offences.
Solon, who became a lawgiver in 594 BC, is also credited with significant contributions to the development of law in ancient Greece. He replaced every punishment of Draconian Law except for murder, which was exile. Solon's reforms included changes to land ownership, the cancellation of debts, and the abolition of slavery for those born in Athens.
In Ancient Greece, there were two types of lawsuits: public prosecutions (graphai) and private suits (dikai). Public prosecutions were heard by juries of 501 or more, increasing in increments of 500 jurors, while private suits were heard by 201 or 401 jurors, depending on the amount of money at stake. Juries were made up of men selected from a panel of 6,000 volunteers, who were required to be full citizens and over 30 years old. Cases were expected to be presented and decided by the end of one day.
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Frequently asked questions
The oldest evidence of a code of law was found at Ebla, in modern-day Syria, and dates back to around 2400 BC. The Sumerian Code of Ur-Nammu (c. 2100–2050 BC) and the Babylonian Code of Hammurabi (c. 1760 BC) are also among the earliest known legal codes.
The foundation of Roman law was the Twelve Tablets, which contained an established set of laws. For example, one law required citizens to appear in court if summoned, and another imposed the death penalty for lying in court. Roman law was heavily procedural, and there was no professional legal class. Instead, a layperson, or iudex, was chosen to adjudicate.
The Code of Hammurabi was a set of laws created by Hammurabi, the first king of Babylon and the ruler responsible for creating the first Babylonian Empire. The code covered a wide range of topics, including family relationships, contracts, inheritances, and crimes and punishments. Hammurabi enforced his laws by holding everyone accountable equally, regardless of status or income. Each law had a clear punishment, and penalties were carried out consistently.
