Group D

QUESTIONS
• Does law change society or vice versa?
• Does society grow more dynamic under different law system or
institution?
• Can a society exist without law and institution or vice versa?
• Can Law be a social change to reform the society?
 The origins of law are closely related to
the beginnings of organized human
society

Laws in the form of community enforced

rules have existed since people began to
interact
Law and
Civilizations Most were based on common sense and
passed on by word of mouth

As populations grew and laws became

more complex, the need to record laws in
writing increased
Code of Hammurabi (1792 – 1750
BCE)
• One of the earliest known sets of recorded
laws, written by King Hammurabi of
Babylon
• He codified, or recorded, the rules and
penalties for every aspect of Babylonian life
• Laws reflected a patriarchal, male
dominated society
• Higher members of society would be
punished, however women or slaves would
actually receive retribution
• No distinction was made between an
accident and a deliberate action
• Many of the laws were based on retribution
– an eye for an eye type of justice
• Other laws focused on restitution, meaning
a compensation payment would be made
to the victim

Key definitions
• Codified – Laws that are arranged and
recorded systematically
• Retribution – Justice based on vengeance
and punishment
• Restitution – Payment made by the
offender to the victim of a crime
 One of the
greatest Also know as Hebrew
law or Mosaic Law
influence of Recorded in the
these laws are often
modern law in referred to as the Ten Book of Exodus
Canada is Commandments
biblical law

Law was more

Punishment
Basic principles
are similar to concerned with focused on
punishing the offender
the Code of
deliberate actions
Hammurabi yet instead of and not
the laws had accidental acts of
evolved harm
someone of
lesser status

Mosaic Law (c. 1250 BCE)

 Greek Law (c. 400 Greek Society
BCE)
Divided into Social Classes
• Aristocrats-
• First form of wealthy/rich
democracy was born in • Small Farmers-
Greece
owned land/rented
• Greek law promoted
citizen involvement in
land to farm
running the country • Artisans/Merchants-
• Voting and Jury Duty foreigners who lived
were both major in city-state
responsibilities for • Slaves- POW’s,
citizens
bought in trade, or
• Sentencing was also
democratic
adopted babies who
were abandoned.
Roman Law (c. 450 BCE – 100 CE)
• There were two basic principles to Roman
Law:
• The Law must be recorded
• Justice could not be left of the hands of
judges alone to interpret
• Roman Laws were codified and could be
revised when necessary
• The Twelve Tablets dictated the law of
England and is considered the foundation
for modern law
• The practice of having a legal advisor who
specializes in law first occurred
• The Twelve Tablets Promoted:
• Public Prosecution of crimes
• A system of victim compensation
• Protected lower classes from the ruling
class
• Women however were not mentioned
because they were not considered
persons
Justinian’s Code (527 - 565 CE)

• Byzantine Emperor
Justinian I commissioned
the clarification and
organization of Roman
law
• A new body of law was
completed known as
Justinian’s Code
• It formed the basis for
civil law
• The word justice is
derived from his name
The Napoleonic Code
(1804)

• The Napoleonic Code’s non-

technical style made laws
accessible to the public
• Also known as the French
Civil Code
• Regulated civil matters such
as property, wills, contracts,
and family law
 British Social Hierarchy
Common law 12th century
• Common law originally meant the common law
of England as opposed to local customary laws.
England acquired a common law at an early date
because it had a strong centralized monarchy
before most other parts of Europe.
• In the 12th century, under Henry II (1154-1189
AD) the royal courts extended their jurisdiction at
the expense of local and feudal courts.
• By the time that Roman law was received in other
countries (from about 1400 onwards), the
common law, based on precedents and created
by courts, was too well established to be
displaced.
• The common law of English-speaking countries
developed for many centuries without codes and
without university-trained lawyers.
• Even today common law systems rely much less
on codes and on theory than do civil law systems.
• Examples of common law jurisdictions: England,
the United States, Australia, New Zealand,
Singapore, Malaysia, large parts of Africa, India,
Pakistan, and South East Asia.
 • The term derived from a Latin
word ‘socious’ that means
association or companionship –
a larger group of individuals who
are associative with each other.
• Society is the system in which
people live together in organized
communities.
• It may be defined as an
organization of people with a
particular interest or purpose.
• Men and animals are different.
Human’s conduct is controlled
through moral standards,
WHAT IS SOCIETY? religious doctrines, social
traditions and legal rules.
 TYPES OF SOCIETY
• PRIMITIVESOCIETY
CAPITALISM SOCIETY HIERARCHICAL SOCIETY
•• Also
No organized
Known aslegal system
market then.
society asDuring primitive
the society years,
is being the controls
dominated of action
by capitalist were
Feudalistic
system society.
and ideology.
At theThe
top main
of thecharacteristics
hierarchy is the
isinformal.
market societies are : Based on social contract between equals. king who must be obeyed by his subjects.
• Political institutions were simple. The nexus that bind the society was morality.
Mystical belief was that the king has a divine
• Any member of society who breached the norms of the society will be disciplined power orbyrepresented God in certain way.
way of punishment and social embarrassment. The king was the owner of the land and could
• There was neither criminal nor prison during primitive years like we have today.disposes them at his convenience.
• The community was the right holder and individuals cannot claim any rightFeudal over the
society was built upon contracts of
society’s rights. Thus, a hunter will have to share his meat with his community.
allegiance between man and man.

• The society recognizes individual freedom where men are equal before the law.
• Every person has the opportunity to climb the social ladder.
• The dominant idea of social justice were the result of market system.
 MODERN SOCIETY
• An economic doctrine that
opposes governmental regulation
of or interference in commerce
beyond the minimum necessary
for a free-enterprise system to
There is no
operate according to agreed
its owndefinition of the concept of welfare state.
economic T.laws.
W. Kent : “A state that provides for its citizens a wide range of social services."
• Non interference in the affairs of
others G.D.H. Cole:- The welfare state is a society in which an assured minimum standard of living and opportunity
becomes the possession of every citizen.“

Hobman: “The welfare state as a compromise between communism on the one side and unbridled
individualism on the other. It guarantees a minimum standard of subsistence without removing incentives to
private enterprise”.

A social system where by the state assumes primary responsibility for the welfare of its citizens, as in matters of
health care, education, employment, and social security. Few countries that practices welfare state concept:
Saudi Arabia, Brunei, Oman, Kuwait, United States, United Kingdom
CONCLUSION