Legal history facts for kids
The history of law is all about how law has changed over time and why. It's like tracing the journey of rules and justice from ancient times to today! This history is closely linked to how civilisations have grown and changed.
Long ago, some experts thought legal history was just about listing how laws developed. But more recently, historians look at legal systems as complex puzzles. They see how rules, people, and symbols interact with society. They study old cases to understand how laws affected different groups of people and how they changed society.
Contents
Ancient Laws and Rules
In Ancient Egypt, around 3000 BC, laws were based on a concept called Ma'at. This meant laws aimed for fairness, equality, and truth.
Later, around 2200 BC, a Sumerian ruler named Ur-Nammu created one of the first known law codes. It used "if... then..." statements, like "if someone does this, then this will happen."
About 1760 BC, King Hammurabi of Babylon made his famous law code. He had it carved into large stone pillars called stelae for everyone to see. One of these pillars was found in the 1800s and has been translated into many languages!
The Ancient Greek law didn't have one word for "law." They had different words for divine rules, human decrees, and customs. But Greek law was very important for the development of democracy.
Laws in Southern Asia
Ancient India and China had their own unique ways of creating laws. In India, important texts like the Arthashastra (from 400 BC) and the Manusmriti (from 100 BCE) guided legal thinking. The Manusmriti especially promoted tolerance and different viewpoints.
Later, during the Muslim conquests in the Indian subcontinent, sharia (Islamic law) became important. The Mughal Empire even created a large collection of Islamic laws called Fatawa-e-Alamgiri.
When the British Empire came to India, they introduced their own legal system, called common law. Countries like Malaysia, Brunei, Singapore, and Hong Kong also adopted this system.
Laws in Eastern Asia
The legal traditions in Eastern Asia mix different influences. Japan was one of the first countries to update its laws to be more like Western systems. They borrowed ideas from French and especially German law.
Similarly, traditional Chinese law started to change towards Western ideas during the end of the Qing Dynasty. Today, the laws in Taiwan are still quite similar to those old Chinese codes.
The legal system in the People's Republic of China was greatly influenced by Soviet laws for a while. But because of fast industrial growth, China has been changing its economic laws. For example, a new contract law was made in 1999. China also joined the World Trade Organization in 2001 after many years of talks.
- The Yassa was a famous law code of the Mongol Empire.
Church Law (Canon Law)
The Catholic Church has its own legal system called Catholic canon law. It's one of the oldest legal systems that is still used today in the Western world! It started later than Roman law but before many modern European laws.
Canon law and secular (non-religious) laws influenced each other a lot. This mix helped shape both civil law and common law systems we see today.
In the 20th century, canon law was put into a clear code. Pope Benedict XV created the 1917 Code of Canon Law. Later, Pope John Paul II updated it, creating the 1983 Code of Canon Law. There's also a separate code for Eastern Catholic canon law.
Islamic Law
During the Middle Ages, Islamic law and jurisprudence (the study of law) became very important. Islamic scholars developed many legal ideas.
One interesting idea was the Hawala, an early way to transfer money without actually moving it. This system was mentioned in Islamic law texts as early as the 8th century. It even influenced later legal ideas in French and Italian law.
European Laws
Roman Empire's Influence
Roman law was very important and connects ancient legal ideas to our modern world. In ancient Rome, the legal process was very detailed. There weren't professional lawyers like today. Instead, a regular person called a iudex would decide cases.
In the 6th century AD, Emperor Justinian in the Eastern Roman Empire gathered and organized all the Roman laws. This huge collection became known as the Corpus Juris Civilis. It was a big step in making laws clearer and easier to understand.
Laws in the Middle Ages
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After the Western Roman Empire fell, different Germanic customs mixed with Roman laws. Legal disagreements were often settled by wise leaders in special ceremonies.
Later, during the 11th century, people brought back old Roman law texts, like Justinian's Code, from the Byzantine Empire. Scholars at the University of Bologna started studying these texts. This helped bring back Roman law ideas, which became the basis for modern civil law in many parts of the world.
In England, after the Norman conquest of England, English kings developed a system of royal courts. Henry II made important changes, like allowing jury trials instead of "trials by combat." This helped create the common law system, where judges' decisions in past cases guide future ones.
Also, a system called the Law Merchant developed. This was a set of rules for merchants to trade fairly, no matter where they were. It was an early form of commercial law.
Modern European Law
Today, Europe has two main legal traditions:
- Codified systems: Most of continental Europe uses these. Laws are written down in clear, organized books called "codes." The French Napoleonic Code and the German Bürgerliches Gesetzbuch are famous examples.
- Common law: England uses this system. It relies heavily on past court decisions, called "precedent."
While these systems were once very different, they are becoming more similar. For example, European Union law is based on treaties, but it also develops through the decisions of the European Court of Justice.
African Law Systems
Before colonization, many African legal systems were based on local customs and traditions. People often looked to elders to help settle arguments. Laws were often passed down orally, not written.
The Mali Empire had a famous constitution called the Kouroukan Fouga, proclaimed between 1222 and 1236 AD. It set rules for both government and daily life. Even today, storytellers called griots pass down its provisions.
During colonization, new legal systems were introduced. After colonialism, many African countries kept parts of these new systems, often blending them with their own traditions.
United States Law
The United States legal system mostly grew out of the English common law system. However, the state of Louisiana still uses parts of the French civilian system because of its history. Some ideas from Spanish law, like how water rights are handled or how property is shared in marriage, are also found in some US states, especially those that were once part of Mexico.
In the US, each state has its own separate court system and can make its own laws. This is part of a system called federalism, where power is shared between the states and the national government.
Images for kids
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The Constitution of India is one of the longest written constitutions in the world.
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King John of England signing the Magna Carta, a very important document for legal history.
See also
In Spanish: Historia del derecho para niños
- Legal biography
- Association of Young Legal Historians (AYLH)
- Constitution of the Roman Republic
