Our Legal Heritage: NIT Verview

UNIT
Our Legal Heritage
UNIT OVERVIEW
The three chapters in this unit provide students with an introduction to
1
UNIT OUTLINE
the foundations of law and Canada’s legal heritage. Students will learn
Chapter 1 Law and Society
about the historical roots of the Canadian legal system and the evolv-
ing nature of the concepts of justice and equality. To clarify the role of Chapter 2 Classifying the Law
the law in regulating daily life, a classification system is used that takes
Chapter 3 Government and
students through the various categories of law and illustrates how those Statute Law
categories function in society. The jurisdictional division of powers,
the structure of the governments that create and enforce the law, and
the steps involved in enacting legislation are explained in terms that
students can comprehend. Through the activities in the student text
and the extension activities in this resource, students will demonstrate
an understanding of the dynamics of law in Canadian society.
17
Law and Society
CHAPTER OVERVIEW
1
CHAPTER OUTLINE
Law in Our Lives

Rules versus Laws
This introductory chapter offers students a broad overview of the influ- What Is Law?
ences on modern Canadian law. Students are made aware that from the The Need for Law
earliest times, all societies recognized that laws were required in order for Law and Morality
people to live together in harmony. Law and Justice
The chapter is divided into three main sections. The first section
Historical Roots of Law
addresses the ever-present influence of law in daily life and the need for
The Code of Hammurabi
such laws. The second section examines early codes and laws and the
Mosaic Law
development of principles of justice. From the Code of Hammurabi to
Greek Law
the Napoleonic Code, students will begin to recognize the increasing
Roman Law
complexity of the legal system. The third section discusses Canada’s legal France and the Napoleonic
system as a product of influences and developments from many cultures Code
over a long period of time.
Influences on Canadian Law
The Looking Back activities at the end of the chapter provide students
Early British Law
with an opportunity to demonstrate their understanding and knowledge
The Feudal System
of Canada’s legal heritage. The activities range from applying key vocab-
Common Law
ulary to exploring issues of ethics and morality in law.
Legal Reforms
Aboriginal Law
Reflecting on Our Historical
Roots
19
PLANNING CHART
Key Content Suggested Strategies
Topic: 1. Refer to the quotes on page 8 in the student text to generate discussion
Law in Our Lives about views of the law.
Key Vocabulary 2. Introduce students to the study of law by having them examine the pho-
Rule of Law tographs on page 9 (Figure 1.1). Have them work with a partner to record all
of the laws that might apply in the situations depicted in the photographs.
Resources Give students 15 minutes to complete the exercise and then discuss.
Law in Action, pp. 9–16 Emphasize the fact that laws govern all aspects of our lives. Laws that stu-
dents might identify are listed in the “Solutions to Questions and Cases”
BLM 1-1: Survivor Island
section on page 24 of this resource.
Scenario
COPY Legal Inquiry 3. Follow this activity with a discussion on rules versus laws. Use Figures 1.2
and 1.3 (on page 11). Have students respond to the questions individually,
Assessment Master 1-1: Rubric:
then discuss their responses with a partner, and finally share with the class.
Survivor Island Legal Code
Conclude with a brief note on the difference between rules and laws.
COPY Assessment
Generic Assessment Master G-1: 4. Use Extension Activity 1: Survivor Island Legal Code to finish off this section.
Rubric: Group Work This activity encourages students to become aware of the need for laws to
regulate human relationships. Assessment Master 1-1: Rubric: Survivor
COPY Assessment Island Legal Code and Generic Assessment Master G-1: Rubric: Group Work
have been included for use with this assignment.
Topic: 1. Have students read pages 17 to 23 of the text and then answer the “Building
Historical Roots of Law Your Understanding” questions on page 23. They could answer the questions
in small groups, dividing the workload among group members and then shar-
Key Vocabulary ing their answers. Discuss the answers using the answer key provided in this
Great Laws of Manu resource.
Code of Li k’vei
Code of Hammurabi 2. Follow the instructions for Extension Activity 2: Law as a Reflection of
codified Society. This activity will help students to recognize that laws are a reflection
retribution of the society that created them. Students will require BLM 1-2: Laws from
restitution the Code of Hammurabi for this activity.
Mosaic Law
3. At this early stage in the course, it is a good idea to have students complete
Ten Commandments
an assignment that will enable you to assess the writing skills and abilities of
Justinian’s Code
the students in your class. Extension Activity 3: Research Report is designed
Napoleonic Code
as a comprehensive diagnostic tool that can be used to assess communica-
tion skills, research skills, and the ability to stay focused on the task. Generic
Resources
Assessment Master G-2: Rubric: Research Report can be used in conjunction
Law in Action, pp. 17–23
with this assignment.
BLM 1-2: Laws from the
Code of Hammurabi
COPY Legal Inquiry
Generic Assessment Master G-2:

Rubric: Research Report
COPY Assessment
20 UNIT 1 ◆ Our Legal Heritage

Topic: 1. Begin this section by having students form groups of three. Distribute chart
Influences on Canadian Law paper and markers to each of the groups. Ask the groups to record what they
know or understand about Canada’s trial system. They should describe the par-
Key Vocabulary ties involved, how a trial proceeds, how a verdict is reached, and how sen-
trial by ordeal tences are determined. For each part, students should describe or explain why
trial by oath helping that person or function is important to the legal system (e.g., Why do we have
trial by combat a judge and what is her or his role? What is the role of the lawyers? Why are
adversarial system trials so formal? Why are there rules for evidence?). Give the groups about
divine right 15 minutes to complete this exercise and then discuss their results as a class.
assizes
circuit judges 2. Next, have the groups read pages 24 to 30 of the text and complete study
case law notes on this section. Different members of the group should summarize
common law “Early British Law” (the various methods of trial), “The Feudal System” (how
stare decisis the system worked and how justice was administered), and “Common Law”
rule of precedent (assizes, circuit judges, case law, stare decisis, rule of precedent), “Legal
Magna Carta Reforms” (Magna Carta, habeas corpus) and “Aboriginal Law” (The Great
habeas corpus Binding Law). Each member should share his or her notes with the group. At
The Great Binding Law the completion of this activity, students will have a full set of notes on this
Quebec Civil Code section and should be able to identify the historical origins of each part of
Canada’s legal system.
Resources
3. Work as a class to answer the “Building Your Understanding” questions on
Law in Action, pp. 24–30
page 30 of the text. Instruct students to record the answers to the questions
in their notebooks.
CHAPTER 1 ◆ Law and Society 21

Chapter Review
Resources Law in Action, “Looking Back,” pp. 31–32
- BLM 1-3: Comparing Two Democracies COPY Legal Inquiry
- BLM 1-4: Historical Roots of Law COPY Legal Inquiry
- Assessment Master 1-2: Rubric: Analysis of an Aboriginal Nation’s Laws

COPY Assessment
- Assessment Master 1-3: Rubric: Article on Laws That Appear to

Discriminate COPY Assessment
Law and Morality—Ethics Exercise, p. 33

- Assessment Master 1-4: Rubric: Applying Personal Ethics
COPY Assessment
Additional Cases: R. v. Clark; R. v. Grundy; R. v. Harriott COPY Case Analysis
- Generic Assessment Master G-3: Rubric: Case Analysis COPY Assessment
- Generic Assessment Master G-10: Rubric: Case Presentation

COPY Assessment
Law in Action Test Bank, Chapter 1
Extension Activities Activity 1: Survivor Island Legal Code

- BLM 1-1: Survivor Island Scenario COPY Legal Inquiry
- Assessment Master 1-1: Rubric: Survivor Island Legal Code

COPY Assessment
- Generic Assessment Master G-1: Rubric: Group Work COPY Assessment
Activity 2: Law as a Reflection of Society

- BLM 1-2: Laws from the Code of Hammurabi COPY Legal Inquiry
Activity 3: Research Report

- Generic Assessment Master G-2: Rubric: Research Report
COPY Assessment
Activity 4: Continuity in Law

- BLM 1-5: Continuity in Law COPY Legal Inquiry
Activity 5: Aboriginal Law

- Generic Assessment Master G-5: Rubric: Visual Display
COPY Assessment

Legal Logic
Test Your Aptitude for Law: Activities for Getting Started
Puzzle 1 Puzzle 3
The Rule of Law is a legal principle whereby the laws Many of the ancient laws were based on an “eye for
of society apply equally to all and people are not gov- an eye” philosophy to ensure that justice was done and
erned by arbitrary power. Which of the following would that no vengeance was exacted by the parties who had
be an abuse of the Rule of Law? been wronged. Which of the following laws do not
reflect this philosophy?
a) A stockbroker is arrested for insider trading.
a) If anyone delivers silver, gold, or anything else to
b) An off-duty police officer is not charged by a fellow
another for safe keeping, before a witness, but he
officer for speeding.
denies it, he shall be brought before a judge, and
c) The premier is charged for assault after pushing all that he has denied he shall pay in full.
a protester out of the way.
b) If a man knocks out the teeth of his equal, his
d) A local politician gets his or her grass cut by the teeth shall be knocked out.
parks and recreation department.
c) If a builder builds a house for someone, and does
e) Protesters are arrested after storming the provincial not construct it properly, and the house which he
legislature. built falls and kills its owner, then that builder
Answer: b) and d)
shall be put to death.
d) If anyone hires oxen, and kills them by bad treat-
Puzzle 2 ment or blows, he shall compensate the owner,
oxen for oxen.
Primary sources of law are defined as the sources that e) If anyone is committing a robbery and is caught,
give our laws their moral values or content. Which of then he shall be put to death.
the following would be considered a primary source
of law? Answer: e). This approach seems to be based on deter-
rence rather than on “an eye for an eye.”
a) the Bible
b) the Criminal Code
c) customs
d) philosophy
e) court rulings
Answer: a), c), and d)
© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 23
Solutions to Questions and Cases
Page 9 Following this discussion, ask students to explain their

answers to items 1 to 10 in Figure 1.3.
Figure 1.1
Laws that students might identify relating to the situ- Figure 1.3
ations depicted in the photographs are listed below.
1. Rule—Unless smoking in the community is pro-
Construction site: labour laws (hard hats, etc.); zoning hibited by law, you can smoke outside of school
law for municipality; contract law (hiring the builder) property.
Rollerblading: municipal bylaws (e.g., no motorized 2. Rule—This rule is limited to a student–teacher

vehicles in parks); tort law (if anyone is injured); con- arrangement. The courts will not enforce non-
tract law (Rollerblades have to be fit for purpose) compliance.
Traffic scene: provincial traffic laws (licences, insur- 3. Law—If you are driving in the community
ance, etc.); tort law (if liable for accident); criminal (i.e., province), then the seat-belt law applies and
law (depending on careless driving, etc., if applicable) can be enforced by the courts.
4. Law—If you are part of the community and under

Page 10 19 years of age, buying cigarettes is a violation and
can be enforced by the courts.
Consider This 5. Rule—Unless wearing hats in the community is
Examples will vary. However, a common basis for rec- prohibited by law, you can wear your hat outside
ognizing injustice is understanding that one or more the classroom.
of the principles of justice (fairness, equality, rights,
etc.) have been violated. Through the study of law, stu- 6. Rule—Unless the use of cellphones in the com-
dents will examine how the principles of justice form munity is prohibited by law, you can use your cell-
the basis of legal decision making. phone outside the movie theatre.
7. Law—If you hunt in the community (i.e.,

Page 11 province), you need a licence. Violation can be
punished by the courts.
Figure 1.2
The rules of rugby apply to the game only, and not to 8. Law—If you are in the community and dispose of
the community at large. If you don’t play the game, your garbage in an unacceptable manner, you can
then the rules don’t apply. be punished by the courts.
Laws apply to the entire community, including the 9. Law—If telling fortunes for money is prohibited
game of rugby. If you are a part of the community (juris- within the community, violators can be punished by
diction), then the laws apply and are enforced by the the courts.
courts.
10. Law—If public profanity is prohibited within in
Teaching Suggestion: To enhance student understand- the community, the courts will enforce this law.
ing, put the following statement on the chalkboard: Note: If the comments defame the character of
All laws are rules, but all rules are not laws. the teacher, the teacher can sue for slander.
Then examine additional class/membership relation-

ships. Example:
All dogs are animals, but all animals are not dogs.

Page 12 Page 15
Figure 1.4 Case: R. v. Dudley and Stevens

Municipal traffic laws that are evident in the photo-
graph include no stopping in the left lane, no parking in 1. This case illustrates a variance between the law
the right lane, no stopping between 7 a.m. and 9 a.m. and the moral values of the society in England dur-
on weekdays, no stopping within 9 metres of the cross- ing this period. While societal values generated
walk, cars must stop for pedestrians using the cross- sympathy for the sailors, the judges found the
walk, no driving into a one-way street, and cyclists sailors guilty of murder and sentenced them to
must obey traffic laws. hang. However, commuting the sentence to six
A rule that relates to the scene in the photograph months’ imprisonment would likely have reduced
is pedestrians should use crosswalks properly (press the variance between the moral values of society
crosswalk button, look both ways, and then cross the and the judicial decision.
street with arm pointing ahead).
2. Since the question of whether the two sailors killed
Parker is not at issue, most responses should focus
Page 13 on whether the actions of the sailors can be justified.
Their actions can be justified because
Case: Roncarelli v. Duplessis
• no other alternatives existed (their actions were
1. Duplessis violated the principle that no one, includ- unavoidable), and
ing people in power, has the authority to take away • compliance with the law was impossible because
an individual’s rights except in accordance with all three sailors would have died.
the law. In this case, if Roncarelli had violated any
regulations pertaining to the licence (e.g., serving Their actions cannot be justified because
minors), then the Liquor Commission would have • intentionally killing another person is a crime
had the grounds to cancel his licence. However, (murder),
ordering the Liquor Commission to cancel
Roncarelli’s licence for a purpose that was unre- • the law must be applied impartially to every-
lated to the stipulation of holding a licence is an one, and
example of arbitrary abuse of legal power. • there is insufficient evidence that no alterna-
tives existed or that the three sailors would oth-
2. Possible consequences: erwise have died.
• People in power (government officials) might
have started withholding or cancelling permits Consider This
and licences in an arbitrary manner. There are numerous situations in which equal treatment
• In an attempt to obtain and retain permits and may not be just. To help students generate and assess
licences, corruption (i.e., bribes and kickbacks) their own examples, tell them that two principles of jus-
could have become the norm. tice (equality and fairness) must be balanced within each
of the situations. To assist them in the process of bal-
• The principle of “acceptance of the law” would ancing one principle with another, provide them with
have been put to the test as citizens noticed the following pathways to reach a valid conclusion.
that the law did not apply equally to everyone.
• Equal treatment is just if the two situations are
similar in relevant ways (e.g., people with similar
Page 14 incomes and in similar family situations can be
expected to pay similar amounts of income taxes).
Law in Your Life • Equal treatment is unjust if the two situations are
Choice of issues will vary. Students may prefer to different in relevant ways (e.g., it would be unfair
express themselves by writing a letter to the editor of to treat all people—the physically able and those
a newspaper, by writing to an MP or MPP, or by join- with physical disabilities—the same; consequently,
ing an organization or lobby group that shares their it is justified to provide handicapped parking for
views. people with disabilities).

Note: Students often respond by stating that it seems tools to influence changes that reflect prevailing
fair or just to treat everyone equally (equal treatment values.
before the law). However, this claim is based on the
• As an informed, thoughtful, and active citizen,
assumption that all people are similarly situated.
you can contribute to ensuring that the legal
Because this assumption is incorrect, equal treatment
system serves the public.
can be unjust. For example, it would be unfair to treat
all students equally regardless of their learning abilities. 2. Rules differ from laws in the following ways:
Therefore, special education programs for students
with learning disabilities can be justified by applying the • Rules do not apply outside the game, so you can
principles of justice. opt out of the rules if you do not play the game.
• Laws apply to the entire community, including
the rule-guided games and activities. You cannot
Page 16 opt out.
MacIsaac Discharged for Fiddling • Rules are not enforced by the courts.
with Pot • Laws are enforced by the courts.
1. Ashley MacIsaac was charged with possession of 3. We need laws in society to protect us from the vio-
marijuana under the Controlled Drugs and Substances lence of others, to safeguard our property, and to
Act. His punishment was an absolute discharge. settle disagreements and disputes. Laws also help
to regulate the law-making/law-enforcing process.
2. If Judge Smith consistently granted an absolute
discharge to individuals convicted of possession 4. Three aspects of the Rule of Law:
of marijuana, this decision would be considered • Individuals must recognize and accept that the
impartial (similar cases are treated similarly). law is necessary to regulate society.
However, information in the article suggests that
MacIsaac may have been offered special protec- • The law applies equally to everyone, including
tion or privileges simply because he is a celebrity. people in power and famous individuals.
When convicted of possession of marijuana, being • No one has the authority to take away our rights
a celebrity should not be considered a relevant dif- except in accordance with the law.
ference, and therefore special treatment cannot
be justified. 5. Generally, Canadian laws reflect the values of
Teaching Suggestion: Ask students to pair up Canadians. That is, the moral standards that are
and suggest a situation involving the possession of applied to determine right from wrong are shared
marijuana in which special treatment could be jus- by most citizens and lawmakers. Individuals who do
tified. For example, special treatment might be not share these moral values can express their
justified for an individual who had a medical con- opposition and lobby the lawmakers to change the
dition in which limited use of marijuana had been law. At times, the lawmakers can apply standards
prescribed by a doctor. This situation could be that go beyond what the community values or
considered a relevant difference for which special wants (e.g., the Canadian government abolished
treatment can be justified. capital punishment in 1976 despite division of
public opinion on the issue).
Building Your Understanding
6. Examples will vary and are illustrative if they meet
1. It is important to study the laws of your country the criteria attached to each of the four charac-
for the following reasons: teristics.
• You need to know what the law is and what your First characteristic: Treat like cases alike and dif-
rights are to assist you in recognizing any viola- ferent cases differently.
tion of your rights. Criteria:
• Knowing what the law is and how the legal sys- • The features that are identified as similar must
tem works can provide you with the insight and be relevant to the practice or decision being

defended (e.g., evidence is consistently con- Page 18
sidered inadmissible in court if it was obtained
by unauthorized or improper means).
Figure 1.6
• The features that are identified as different must The laws from the Code of Hammurabi appear to reflect
be relevant to the practice or decision being mostly the values and standards of powerful, wealthy
defended (e.g., individuals or groups that are men. Consequently, the laws protected the elders from
disadvantaged because of race, sex, age, or phys- being accused of wrongdoing, and the laws protected
ical disability can be treated differently). landowners and temples from theft. Human life and
property appeared to have a conversion value (e.g., pay
Second characteristic: Discrimination on the basis tenfold or be put to death). Compliance with the law
of irrelevant characteristics is unjust. was reinforced by the fact that the king of Babylon
Criteria: The features that are identified to justify claimed that the laws came from a higher authority
a practice or decision must be relevant to that prac- (the gods) whom the people feared and respected.
tice or course of action (e.g., a learning disability is
a relevant feature that can justify providing a spe-
cial education plan for a student—whether that Page 19
same student wears a nose or lip ring would not
be a relevant feature for either providing or deny- Figure 1.7
ing that student the special education plan). It is difficult to infer a sense of justice from this excerpt
because even though murder, theft, and lying were
Third characteristic: Laws should be applied impar- prohibited, there is no mention of any punishment for
tially. these offences. It appears that victims of crime had
Criteria: Fame, fortune, power, and authority are rights, but the accused did not. For instance, a victim
not relevant characteristics to justify different treat- of theft was paid back fivefold (oxen), and the defence
ment before the law. of property could justify killing a thief.
Fourth characteristic: The law itself must reflect a

balancing of conflicting rights that is consistent Page 21
with society’s values.
Figure 1.10
Criteria: The rights identified must be relevant to
Student responses will vary—the person identified
the practice or course of action being identified
might be a parent, a teacher, or an instructor. The
(e.g., regarding the practice of legal abortion, the
Socratic method teaches critical thinking and is often
right of the mother to choose has been considered
used in English, Science, and Math classes.
more relevant than the rights of the fetus).
Page 23
Page 17
Consider This Figure 1.12

According to the Napoleonic Code, a woman in French
Current methods of identification include finger-
society held no legal status in matters of property, con-
printing, speech pattern analysis, retinal scans, iris
tracts, etc., except with the authority of her husband.
scans, DNA analysis, facial imaging, hand geometry,
Although mutual obligations were expected from both
and facial thermograms. The methods vary in their
the husband and the wife, the wife was expected to
applications due to cost, time required to conduct each
obey her husband, had no authority to determine the
method, and the reliability of the identification method
common residence, and could only demand divorce
(e.g., fingerprints are always reliable as no two prints are
from her husband for committing adultery if he kept his
alike—fingerprints even grow back after a finger has
concubine in their common house.
been cut; speech patterns can change or be altered;
retinal scans require special lighting, etc.). Students
should be encouraged to use their imaginations to spec-
ulate on future methods.

Building Your Understanding spacious home suggests that it is a multifamily dwelling,
indicating that communal living was a Nootka prac-
1. The Great Laws of Manu is a document of laws tice. Finally, the carvings in the background suggest
recorded between 1280 and 880 BCE in India. that the Nootka were skilled woodworkers and that
they held strong spiritual beliefs.
2. One of the earliest-known written legal codes is
the Code of Hammurabi (1792–1750 BCE). Figure 1.16
Women were regarded as the ancestral source of the
3. The set of laws found in the Book of Exodus in
Nation and had rights to land, soil, family lineage, and
the Bible is the Ten Commandments.
lordship titles within the Confederacy of Nations.
4. In ancient Greece, citizens were expected to par-
ticipate in society by
Page 30
• voting on major decisions affecting the city-
state; Building Your Understanding
• serving on juries, which determined guilt and
sentencing; and 1. The similarity is that members of the community
who were not directly involved in the crime or dis-
• speaking on behalf of women (non-citizens) who pute could participate in the trial process. The dif-
were on trial (as women were not allowed to ference is in the roles they played. In trail by oath
speak on their own behalf). helping, the participants provided testimony some-
what akin to character witness statements. In the
5. Roman society had the first paid legal advisers. Greek system of law, by contrast, the participants
collectively made decisions about guilt or inno-
6. The Justinian and Napoleonic Codes formed the
cence and sentencing.
basis of our modern civil law (laws governing per-
sonal relationships), which regulates such matters 2. The records of the cases and their decisions (case
as property, wills, contracts, and family law. law) have helped to establish a common method of
dealing with similar cases or legal issues. As accu-
rate written reports of previous cases and their
Page 25 decisions were made available, it became easier
for judges to abide by previous decisions, which
Law in Action: Purging by Water has resulted in the rule of precedent used today.
1. Trial by ordeal was used in this case because a ver- 3. Rule of precedent is based on the argument that
dict of guilt or innocence based on facts could not similar cases should be treated similarly. This
be determined. For instance, Denise had not wit- argument has been shown to be valid to the extent
nessed the death of her husband, and no eyewit- that the two cases can be shown to be similar in
ness account was mentioned. Beliefs held in relevant ways and that the previous decision was
England at the time also explain why trial by ordeal just. Student examples will vary and are illustra-
was used. Guilt was determined because the com- tive of the rule as long as the two criteria are met.
munity “knew” Nicholas was guilty, and it was
believed that God would protect him if he were 4. The Magna Carta provided the first recognition of
truly innocent. individual rights for the people of Britain. It also
recognized certain aspects of the Rule of Law. For
instance, it recognized that the law applied equally
Page 29 to everyone. That is, no one—not even the king—
was above the law. In addition, the Magna Carta
Figure 1.15 recognized that no one has the authority to take
From the image, we can conclude that fish were a away an individual’s rights except in accordance
mainstay of the Nootka diet. The fish hanging from with the law. To that end, habeas corpus requires
beams are being smoked for winter consumption. The the custodial authority to present an arrested or

detained person before a judge or court to deter- 5. In the Iroquois Confederacy, the right of owner-
mine the validity of the arrest. Those who are law- ship passes through clans and consanguinity
fully detained are dealt with in accordance with (genetic or blood relationships) in the female line.
the law. Those who have been unlawfully detained
are released.
Looking Back
Pages 31–32 four questions for the “Early Greece” column might
be the following:
Quick Quiz • What groups were excluded from exercising
their rights?
1. a) Code of Hammurabi; b) common law; c) Ten
• What rights are identified?
Commandments; d) trial by combat; e) Magna
Carta; f) adversarial system; g) The Great Binding • What was the size of juries?
Law; h) Code of Li k’vei; i) Justinian’s Code; j) stare • What kinds of decisions did jurors make?
decisis; k) Napoleonic Code; l) habeas corpus
Once students have generated useful questions,
Checking Your Knowledge ask them to read the text information and record
their answers in the appropriate cells of the “Early
2. a) According to Babylonian law, since the punish- Greece” column. Finally, help students generate spe-
ment for theft from a neighbour was death, then cific questions to assist them in filling in the “Today”
the punishment for false accusation of theft was column. The questions should be anchored to the
also death. According to Mosaic Law, giving descriptors in the “Features” column but should also
false testimony was forbidden, so Adil’s behav- “feed off” the descriptive data in the “Early Greece”
iour would be considered an offence in Mosaic column. For instance, four questions for the “Today”
Law. column might be as follows:
b) According to the Code of Hammurabi, the judge • What groups are excluded from voting today?
would be publicly removed from the judge’s
• What roles can women play in politics and
bench for life. Under Mosaic Law, an acciden-
within the trial process today?
tal act of harm (mistake in judgment) was not as
great a concern as punishing a deliberate action. • What is the range in size of juries today?
Therefore, the judge would not likely be pun- • What types of decisions do juries make today?
ished for a mistake in judgment.
Once students have generated useful questions,
3. Students can complete this activity using BLM 1-3: have them form groups to broaden their common
Comparing Two Democracies. Legal Inquiry
COPY
knowledge and record their answers in the appro-
Inform students that there will be numerous priate cells of the “Today” column. Answers are
comparison activities throughout this text and that provided in Table TR 1.1 on page 30.
the subject matter and the strategy required to At this introductory level of making comparisons,
deal with the comparison will become more com- the assessment criteria used to judge a student’s
plex. Help students find the relevant text infor- ability to draw comparisons would be the relevance
mation by coaching them on how to formulate and accuracy of the descriptive data placed in each
specific questions connected with the descriptors of the columns of the organizing chart.
in the “Features” column of the chart. For instance,

4. The codification of Roman law into the Twelve Developing Your Thinking and
Tablets meant that the well-organized written laws Inquiry Skills
could be revised as needed, and judges could make
consistent decisions based on these coded laws. 7. This critical thinking activity challenges students
This practice fostered Roman justice throughout to determine to what extent the outcome of each
the empire. The Tablets promoted the public pros- case is just or unjust. This is an excellent oppor-
ecution of crimes, enacted a system of victim com- tunity to encourage students to apply criteria when
pensation, and protected the lower class (plebeians) making each judgment. By making the criteria for
from being abused by the ruling class (patricians). judgment explicit prior to deciding each case, stu-
dents can focus on the details and considerations
5. Legal advisers were required during Roman times that are most relevant to their sense of justice.
because numerous complex laws governing crim- Provide students with the following criteria for
inal behaviour, contracts, and individual disputes judging to what extent the outcome of each case is
had evolved. As a result, it became necessary to just or unjust. Explain that each criterion has been
ask people who had expertise in the law to advise formulated into a question to make it easier for
those who did not. them to respond. Instruct students to read each
case and answer each criteria question in the order
6. The Rule of Law is an essential concept of justice
presented below. The three criteria are applicable
in Canada’s legal system because it helps to main-
to all of the cases.
tain a respect for individual rights. It recognizes
equality before the law as a principle of justice, Criteria for Judgment:
and it makes acceptance of the law easier within a • Are the considerations for individual rights
society that by and large exhibits an absence of (explicit or implied within the case summary)
intimidation by force or widespread corruption by relevant to deciding the outcome?
government officials.
• Are the considerations (other than individual
rights) relevant and appropriately applied?
Table TR 1.1: Answer to Looking Back #3, Page 31

-3
Features of Democracy Early Greece Today
Groups excluded • women, children, aliens, and slaves • all people are equal before the law
were excluded
• children under the age of 18 can-
not vote federally
Rights involved • voting • women can vote and hold office

politically
• women could not speak on their
own behalf during a trial • women speak on their own behalf
at trial and can serve as lawyers
and judges
Size of jury • ranged from 101 to 1001 jurors • there are 12 jurors in criminal law
cases and usually 6 jurors (varies
from province to province) in civil
cases
Decisions made by jury • jurors voted on decisions about • in criminal law, jurors decide guilt
guilt or innocence and sentencing or innocence only
• in civil law, jurors decide on the

appropriate remedy for the harm
suffered

• Does the decision/outcome reflect a fair bal- 8. Students could use BLM 1-5: Historical Roots of
ancing of conflicting rights and/or other con- Law to complete this activity. Legal Inquiry
COPY
siderations? Note: This activity will require considerable

time to complete and may be challenging for some
Student responses will vary and can be considered
students to do on their own. An alternative
appropriate to the extent that students have
approach to this activity is to have students iden-
inferred that certain conditions or facts are con-
tify the law that was codified by each society and
nected to a specific case. Possible responses are
the nature of that society’s law and then use check
provided in Table TR 1.2 below.
marks in the remaining appropriate cells of the
chart. This approach will enable students to rec-
ognize the common roots on which Canadian law
is based.
Table TR 1.2: Possible Responses to Looking Back #7, Page 32

-3
Case Relevant Rights Other Considerations Decision/Outcome of Case
a) Implied rights relevant Was “reasonable” force The consideration of “reasonable” force is a factor that is
to this case: or excessive force used applied when balancing the right to protect property with
• right to protect to protect property? the right not to be harmed (security of the person). Since
property (implicit consideration) James used excessive force (fired a shotgun and hit a
• right not to be robber who was running away), the outcome of this case
harmed or abused by is just (convicted of assault). Similarly, if the 10-month
the actions of others sentence fell within the usual range of sentencing for that
offence, it is just (similar cases treated similarly).
b) Explicit rights relevant Was “reasonable” or Assuming that the judge correctly assessed that the
to this case: excessive force used to discipline was not excessive, then the consideration of
• freedom of religion discipline the child? “use of reasonable force” would constitute a fair
was considered (explicit consideration) balancing between the explicit rights of the parent
paramount (religion and discipline) and the implied right of the child
• right of parents to not to be harmed or abused by others. Therefore, the
discipline their outcome of this case (acquittal) can be considered just.
children
Implicit right relevant to

this case:
• right of children not
to be harmed or
abused by others
c) Explicit right relevant to • likelihood the con- If the convicted man was given permission to leave the
this case: victed person will country, we can infer that the two other considerations
• right of those con- return to serve his (will return, no danger) were carefully weighed against
victed to temporary sentence the right of the convicted person to obtain release on
release for humani- • probability the tem- humanitarian grounds. The judge’s decision can be
tarian reasons porary release will considered just.
pose any danger to
the public
(implicit considerations)
d) Implied right relevant to Was the minor’s life If the minor’s life was not endangered, there appears to
this case: endangered by not be a lack of balance between the right to observe
• freedom to observe receiving the religious practices and the right not to be harmed by the
religious practices transfusion? (explicit actions of others. As long as no harm has come to the
consideration) minor (short term and long term) by not having the
transfusion, then the decision to authorize a blood
transfusion, which also has potential risks, is unjust.

Discuss students’ responses and supporting #8 and TR 1.4: Alternative Answer to Looking
evidence as a class. Answers to this activity are Back #8. (See pages 32–39.)
provided in Tables TR 1.3: Answer to Looking Back

-3
Aspect of Society
Law
Highlighted Babylonia Hebrew Greek Roman Byzantine
Law codified Code of Mosaic Law (1250 Draco’s Law (621 Twelve Tablets Justinian’s Code
Hammurabi (1700 BCE) BCE; Solon’s Law (450 BCE) (529 CE)
BCE) (594 BCE)
Type of law Criminal and civil Criminal and civil Criminal Criminal and civil Criminal and civil
(e.g., torts) (e.g., marriage)
Description - rules and penal- - laws were codi- - laws were codi- - laws were codi- - Justinian clari-
ties for every fied in the Book fied by Draco in fied and revised fied Roman law
aspect of life of Exodus in the 621 BCE and as new laws were and codified it
were codified Old Testament then refined by needed into a new body
- laws were also Solon in 594 of law that
set down for the BCE formed the basis
Hebrews in the - laws established of civil law
Torah or the the state as
Pentateuch responsible for
punishing per-
sons accused of
crime
- Solon’s reforms
equated political
rights with
amount of prop-
erty owned (i.e.,
those with the
most property
had the most
rights)
Basis of laws - basis of laws was - laws were more - restitution pro- - many laws were - retribution and
(retribution retribution; laws concerned with vided for theft based on restitution
or did not distin- punishing a - Draco’s laws retribution (e.g.,
restitution) guish between deliberate action were harsh (i.e., punishment for
an accident and (retribution) than retribution— theft)
a deliberate an accidental act death was - laws also
action of harm penalty for many provided a
- restitution was - laws were more offences) system of victim
common in the likely to punish compensation
event of damage the guilty party (restitution)
to property or than permit a
theft person of high
status to shift
punishment to a
person of lesser
status

Table TR 1.3: Answer to Looking Back #8, Page 32 (continued)
Aspect of Society
-3
Law
Highlighted French British Aboriginal Canadian
Law codified Napoleonic Code Magna Carta Great Binding Law Criminal Code
(1804 CE) (1215 CE) of the Iroquois (1892 CE)
Confederacy
(1720 CE)
Type of law Civil Civil and criminal Civil Criminal and civil
(legal rights, such
as trial by jury)
Description - a new code of - the Magna Carta - laws were codi- - laws reflect
laws regulating was the first step fied into a aspects of
civil matters was in establishing constitution Mosaic, Greek,
accessible to the individual basic Roman, French,
public rights and British law
Basis of laws - retribution - retribution - retribution - retribution and

(retribution restitution
or
restitution)

-3
Aspect of Society
Law
Laws serve to
- protect - punishment was - punishment for - laws established

property established for stealing items that it was a
theft from a was four or five capital offence
temple or court times amount (if premeditated)
(death) stolen to destroy a
- punishment for building or a
stolen items was heap of corn by
tenfold amount a house by
stolen; if thief burning
could not pay,
then thief would
be put to death
- punishment for
committing a
robbery, if
caught, was
death
- if thief was not
caught, victim
could claim
amount of his
loss and be
compensated by
the community
- protect - the wealthy were - people were - only “citizens” - protected the - gave all free men
persons given more protected under had rights lower class from equal rights
protection in law the law (e.g., (women, the ruling class before the law
than the poor Thou shalt not children, aliens, - established and established
- women and kill, Honour thy and slaves did monetary that the accused
children were mother and not have rights) compensation for are innocent
considered the father) - Solon’s Law injuries caused unless proven
property of men established that by and insults guilty
- slavery was legal native-born made by another
citizens could person
not be enslaved;
it also gave the
lowest class the
right to vote in
the assembly
and to sit as
jurors in the
courts

-3
Aspect of Society
Law
Laws serve to
- protect - laws regulated - protection of - protection of

property property issues property is an property and
important aspect people is a key
of British law element of
criminal law
- protect - gave all male - Rule of Law gave - Rule of Law

persons citizens equal everyone equality applies today
rights before before the law - habeas corpus,
the law (deprived - the Magna Carta right to a trial by
women of recognized that peers, and
individual no one has the freedom from
rights—i.e., they authority to take arbitrary arrest
were under the away an are guaranteed
authority of their individual’s by the Charter
husbands) rights except in
accordance with
the law
- habeas corpus
was designed to
prevent unlawful
arrest by
ensuring that
anyone detained
was charged
before a court
within a
reasonable time

-3
Aspect of Society
Law
Laws serve to
- protect - accused had the

persons right to be tried
by an impartial
jury of peers
- established
practice of
having a legal
adviser for the
accused
- settle - judges settled - as society

disputes disputes (laws became more
set out rules for complex, laws
judgment; were devised to
judges could not settle disputes
alter decisions) between citizens
- regulate - Code of - laws covered - laws were - laws were

contracts, Hammurabi marriage and devised to devised to
wills, and addressed divorce, regulate regulate wills
families contract responsibility for contracts, wills,
enforcement, family, and inheritances,
marriage laws, succession rights and families
and rights of (e.g., gave
succession fathers
jurisdiction over
their sons;
prohibited inter-
class marriages)

-3
Aspect of Society
Law
Laws serve to
- protect - right of the

persons accused to be
tried by an
impartial jury of
peers is the
cornerstone of
Canada’s legal
system
- circuit judges - judges follow

applied principle rule of precedent
of stare decisis (similar cases
(stand by the treated similarly)
decision)
- lawyers used to
defend accused
in court
- settle - judges settled - travelling courts - law addressed - laws were

disputes disputes (had (assizes) settled dispute established to
more disputes settlement settle disputes
investigative
powers)
- regulate - laws were - laws regulate

contracts, devised to contracts, wills,
wills, and regulate and family law
families contracts, wills,
and family law
(e.g., men given
stronger
authority over
family, reduced
rights of
illegitimate
children)

Table TR 1-4: Alternative Answer to Looking Back #8, Page 32
-3
Aspect of Society
Law
Law codified Code of Mosaic Law (1250 Draco’s Law (621 Twelve Tablets Justinian’s Code
Hammurabi (1700 BCE) BCE; Solon’s Law (450 BCE) (529 CE)
BCE) (594 BCE)
Type of law Criminal and civil Criminal and civil Criminal Criminal and civil Criminal and civil
(e.g., torts) (e.g., marriage)
Description - rules and - laws were - laws were - laws were - Justinian
penalties for codified in the codified by codified and clarified Roman
every aspect of Book of Exodus Draco in 621 revised as new law and codified
life were codified in the Old BCE and then laws were it into a new
Testament refined by Solon needed body of law that
- laws were also in 594 BCE formed the basis
set down for the of civil law
Hebrews in the
Torah or the
Pentateuch
Basis of laws:
- retribution √ √ √ √ √
- restitution √ √ √ √
Laws serve to
- protect √ √ √
property
- protect √ √ √ √ √
persons
- settle √ √
disputes
- regulate √ √
contracts
- regulate √ √
wills
- regulate √ √ √
families

Table TR 1-4: Alternative Answer to Looking Back #8, Page 32 (continued)
-3
Aspect of Society
Law
Law codified Napoleonic Code Magna Carta Great Binding Law Criminal Code
(1804 CE) (1215 CE) of the Iroquois (1892)
Confederacy
(1720 CE)
Type of law Civil Civil and criminal Civil Criminal and civil
(legal rights, such
as trial by jury)
Description - a new code of - the Magna Carta - laws were - laws reflect
laws regulating was the first step codified into a aspects of
civil matters was in establishing constitution Mosaic, Greek,
accessible to the individual basic Roman, French,
public rights and British law
Basis of laws:
- retribution √ √ √ √
- retribution √
Laws serve to
- protect √ √ √
property
- protect √ √ √ √
persons
- settle √ √ √ √
disputes
contracts
wills
- regulate √ √ √ √
families

9. Student findings and conclusions will vary but protect an innocent person. Trial by hot iron is
should include some of the points outlined in Table described in the text.
TR 1.5 below. Trial by hot water involved plunging the
accused’s arm in boiling water. If the burn healed
10. At that time, trial by ordeal could be used to deter- after being bandaged for three days, the accused
mine guilt for any offence that carried a death was innocent. If blisters remained, the accused
penalty if the court could not render a decision. was guilty.
Plotting against the lord, witchcraft, and commit- In trial by cold water, the accused was tied up
ting murder are three examples. The practice was and thrown into a river or lake. If the accused
based on the belief that God would intervene to floated, the person was considered guilty. If the

-3 Adversarial System Inquisitorial System
Characteristics • has roots in “trial by combat” from early • based on Roman law (civil law); intent is
British law (common law): trial is a contest objective inquiry
between two adversaries (attorneys)—the
emphasis is on winning
• guilt or innocence of the accused is deter- • inquiry involves three steps: police investiga-
mined solely during the trial tion, examining phase (overseen by a magis-
trate), and a public trial
• police department works on behalf of the • role of the police is to find the truth: investiga-
prosecution tion is done under the supervision of a
magistrate
• defendant is responsible for gathering evi- • defendant is not solely responsible for gather-
dence for his or her case ing evidence in his or her defence (police
investigation would also do this)
• defence and prosecution are each in charge of • the court oversees all evidence
their own evidence
• role of the judge is to serve as a neutral ref- • role of the judge is similar to that of an adjudi-
eree: judge hears both sides of a case from cator: judge has control over proceedings
attorneys who present evidence that supports (conducts own investigations, conducts the
their client (minimal intervention by judge) hearings, examines the witnesses, determines
the facts and laws pertaining to the case)
• witnesses belong to one side or the other • witnesses are the court’s witnesses
Merits • attorneys attempt to make the best argument • emphasis is on evidence, not on the oratorical
on behalf of their client skills of attorneys
• an impartial and knowledgeable judge makes a • the function of the courts is to pursue the
decision based on facts presented rather than truth (not to decide cases based on evidence
on facts that the judge has sought out (judge presented by attorneys)
cannot come to an early conclusion about a
case and proceed with an investigation based
on that conclusion)
• emphasis on procedural fairness ensures that • trials do not get caught up with obscure points
individual rights are upheld or procedural issues (as can happen in the
adversarial system with its emphasis on proce-
dural fairness)

accused sank, the person was considered inno- person’s legal position or expertise; elicit a detailed
cent. Many innocent people drowned before they response rather than a “yes” or “no” answer; and
could be rescued. contain a reference to principles such as individual
rights, equality, and fairness).
11. Distribute and review the assessment criteria out-
lined in Assessment Master 1-2: Rubric: Analysis
of an Aboriginal Nation’s Laws prior to having stu-
Putting It All Together
dents complete this activity. Assessment
COPY
14. Distribute and review the criteria outlined in
Assessment Master 1-3: Rubric: Article on Laws
Communicating Your Ideas That Appear to Discriminate prior to having stu-
dents complete this activity. Assessment
COPY
12. Prior to having students complete this activity, stress

that their timelines should highlight the significant
legal documents and contributions covered in the Page 33
text. Visual aids included with the timelines should
be relevant and illustrative. Additional background Law and Morality—Ethics Exercise
information on key dates in legal history can be This critical thinking activity challenges students to
accessed at www.duhaime.org/hist.htm#. match their standards of moral judgment to the societal
standards used to determine right and wrong. To assist
13. Prior to having students complete this activity, ask students in making these moral judgments in a thought-
them to identify the characteristics of a good inter- ful manner, provide them with Assessment Master
view and good interview questions (e.g., questions 1-4: Applying Personal Ethics and review the assess-
should be clear in meaning; be specific to that ment criteria it contains. Assessment
COPY
Solutions to Additional Cases
Pages 47–48 of this teacher resource Additional Case: R. v. Clark

1. It appears that Mr. Clark used his position as pre-
Teaching Suggestions: Each of the Additional Cases mier to obtain free home renovations. This is a
provided on pages 47–48 of this resource could be breach of trust because elected officials are not to
analyzed by a group of students (three cases with use their positions for their own personal gain.
approximately eight to ten students in a group) and In a democratic system, members of government
presented to the class using the following outline: are expected to act in the best interests of all the
a) Relevant facts (circumstances of the case) people.
b) Answers to the questions 2. The Rule of Law is illustrated in this case because
c) Moral and legal issues of the case it shows that not even the premier of a province is
exempt from criminal charges if he or she appears
d) Criteria applied to reaching a judgment to break the law.
Student work can be assessed using Generic 3. Students may either agree or disagree. Absolute
Assessment Master G-3: Rubric: Case Analysis and privilege can be seen as necessary to ensure open
Generic Assessment Master G-10: Rubric: Case communication at all times. Elected officials should
Presentation. Assessment
COPY
not be afraid of discussing unpleasant events for
fear of prosecution (e.g., for slander). On the other
hand, some critics see the protection offered by

absolute privilege as an abuse of the Rule of Law. harsher for youths under 16 years of age, the inci-
Politicians can make allegations within the House dence of crime in that age group would decline.
of Commons (for example, a member could accuse Lenient penalties cause youths to believe that they
the prime minister of being corrupt without having can “get away” with committing crimes).
to prove the charges) and be free from criminal
prosecution or civil lawsuits. This “privilege” is not Additional Case: R. v. Harriott
offered to ordinary citizens, so it appears to vio-
late the Rule of Law. 1. If Harriott had been convicted under Hammurabi’s
Code, his sentence would have been death. Under
Additional Case: R. v. Grundy Mosaic law, theft was a capital offence, so Harriott
would have been sentenced to death by stoning.
1. According to the Code of Hammurabi, “If anyone
steals cattle or sheep, a pig or a goat, the thief shall 2. Hammurabi’s Code expected judges to strictly fol-
pay tenfold.” Since this case involves personal prop- low strictly the laws set out in the Code and did not
erty (money), the sentence would likely be to pay allow for errors in judgment.
tenfold the amount taken.
3. The historical development of Canada’s trial system
2. The Mosaic Law sets out penalties or restitution draws on a number of legal developments that have
similar to the Code of Hammurabi. The Mosaic occurred through the centuries. The adversarial
Law states that “If a man steals an ox or a sheep system and the right to face one’s accuser have a
and kills it or sells it, he shall restore five oxen for long history in legal proceedings that date back to
an ox and four sheep for a sheep.” Since this case the Code of Hammurabi. The current adversarial
involves the theft of property, the individual would system draws its roots from trial by combat under
be required to pay four or five times the value feudal law and from Roman law. The Romans were
taken. the first to use legal scholars (lawyers). Lawyers
now do “mock battle” in the court, often with the
3. According to the Code of Hammurabi, if a thief is strongest side (the side with the best legal argu-
unable to pay restitution, that person would be ments) winning. The jury system has its roots in
put to death. Under Canadian law, if someone Greek law. Trial by jury was first used in Athens
could not pay all of a restitution order at one time, as far back as 400 BCE. The juries voted on the
the courts would establish a schedule for payments. guilt or innocence of the accused. If the accused
was found guilty, the jury then voted on the most
4. Student opinions will vary. Some students might appropriate sentence. The original jury method
argue that strict sentences do not deter criminals did not demand a unanimous verdict as is required
for reasons such as the following: today, and so juries were always composed of
• Strict sentences would not stop someone from uneven numbers (i.e., 101, 501, or 1001 citizens)
committing an impulsive crime (e.g., a crack to avoid ties in voting. The use of precedents is
addict in need of money for drugs would not part of the common law system that developed in
think about the consequences of his or her England. The principle of stare decisis (to stand by
actions). the decision) is used to ensure uniformity and fair-
ness across the system. The legal rights of the
• The death penalty has not lowered the homi- accused have developed through the centuries.
cide rates in American states that have capital The basic protections offered an accused in
punishment; in fact, states without capital pun- Canada (habeas corpus, right to a trial by peers,
ishment have lower murder rates than those freedom from arbitrary arrest) are guaranteed in
states that still impose the death penalty. the Charter of Rights and Freedoms entrenched in
Others might argue that strict sentences establish the Constitution Act, 1982, but the basis for these
strong consequences for criminal actions and force rights are found in the Magna Carta signed in
individuals to consider the implications of their Runnymede in 1215.
actions (e.g., some believe that if penalties were

Extension Activities
about the society that wrote the laws. This exercise
Activity 1 will provide students with an opportunity to examine an
Survivor Island Legal Code ancient code and modern Canadian law and then ana-
lyze what those laws tell us about each society.
Purpose
The purpose of this exercise is to help students to rec- Resources
ognize that all “societies” need laws. Whenever peo-
ple are required to work together, laws are needed to • Library Resource Centre
govern the relationships among the individuals. • Internet
Note: Students will revisit the idea of a “Survivor”
scenario in the Chapter 6 opener. The focus of that • BLM 1-2: Laws from the Code of Hammurabi
scenario is more specific (i.e., the need for criminal COPY Legal Inquiry
laws).
• Canada’s Criminal Code
Resources Teaching Strategies

• BLM 1-1: Survivor Island Scenario a) Have students work with a partner to examine the
COPY Legal Inquiry laws provided in BLM 1-2: Laws from the Code
• Assessment Master 1-1: Rubric: Survivor Island of Hammurabi. Instruct them to briefly outline
Legal Code Assessment
COPY
what these laws reveal about Babylonian society.
For example, the law in Hammurabi’s Code deal-
• Generic Assessment Master G-1: Rubric: Group ing with the flooding of the fields indicates that
Work Assessment
COPY Babylon was an agricultural society. The references
to slavery make it clear that it was also a class-
Teaching Strategies based society that permitted slavery. In addition,
the idea of a “purchase price” for brides indicates
a) Divide the class into groups of five. The members that women were not considered equals to men.
of each group will be survivors of a plane crash The society was also fairly complex in that wages
who need to develop a code of “laws” to survive. were established for various classes of workers.
b) Distribute BLM 1-1: Survivor Island Scenario and b) Next, have the student pairs locate and examine
review the scenario described and the task that Canada’s Criminal Code to see what those laws
must be completed. reveal about Canadian society. For example, laws
c) Have students present and explain their legal code about hijacking aircraft did not exist until recently
to the class and then hand it in for evaluation. because there was no widespread air travel until
the post-war era. Similarly, laws dealing with com-
puter crimes have only recently been developed
as the Internet is increasingly used in business and
Activity 2 everyday life.
Law as a Reflection of Society c) Invite students to share and compare their find-
ings with the class. Students should notice that
Purpose examining the laws of a society can reveal a great
This think-pair-share activity is designed to enhance deal about the economic, social, and political struc-
students’ thinking, inquiry, and communication skills. ture of that society.
An examination of legal codes can reveal a great deal

Activity 3 Activity 4
Research Report Continuity in Law
Purpose Purpose
This exercise is designed to develop students’ think- This activity is designed to help students realize that
ing, inquiry, and communication skills as they prepare certain legal principles have been present in legal codes
a two-page written report on a selected topic in legal from the earliest times.
history. At this introductory stage of the course, this
assignment can be used as a diagnostic tool to assess Resources
student writing ability.
• BLM 1-5: Continuity in Law COPY Legal Inquiry
Resources
Teaching Strategies
• Generic Assessment Master G-2: Rubric:
Research Report Assessment
COPY
a) Have students read the background material on
the historical roots of law in the text (pages 17 to
• Library Resource Centre 30).
b) Distribute copies of BLM 1-5: Continuity in Law
Teaching Strategies and have students complete the master.
a) Book the Library Resource Centre prior to assign- c) Discuss the answers using Table TR 1.6 on page 45.
ing this activity and work with the librarian to pre-
pare a list of books available on ancient law, history,
and philosophy. A list of Internet sites suitable for
this project should also be compiled (this list may Activity 5
include school licensed sites, such as e-library, or Aboriginal Law
other paid-access sites).
b) Instruct students to prepare a two-page research Purpose
report on a selected topic in legal history. A list of This activity is designed to develop students’ thinking,
possible topics is provided below; however, you inquiry, and communication skills as they research and
may wish to add, delete, or alter this list depend- prepare a bulletin board display on an Aboriginal
ing on the needs of the class. nation’s legal system.
Topics:
Resources
Legal Philosophy: Confucius, Socrates, Plato,
Aristotle, Cicero, St. Augustine, St. Thomas • Library Resource Centre
Aquinas, Thomas Hobbes, John Locke, Jeremy • Generic Assessment Master G-5: Rubric: Visual
Bentham, John Austin, John Stuart Mill, H.L. Hart
Display Assessment
COPY
Legal History: Urukagina’s Code, Ur Nammu’s Code,

Solon’s Law, The Twelve Tablets, Justinian’s Code, Teaching Strategies
feudalism, common law, the Magna Carta, the
Napoleonic Code, The Great Binding Law, Laws a) Divide the class into groups of four to research
of the Cherokee Nation and prepare a bulletin board display on an assigned
Aboriginal group and its legal system. Aboriginal
c) Distribute and review the assessment criteria con- nations could include the Mi’kmaq, Maliseet,
tained in Generic Assessment Master G-2: Rubric: Iroquois Confederacy, Cherokee, Blackfoot, Blood,
Research Report prior to having students complete Piegan, Stoney, Haida, and Nisga’a nations.
this activity.
b) Explain to the groups that their displays should
include a) a map outlining where the Aboriginal nation
lived; b) an outline of the structure of its society (eco-
nomic, political, and social); c) a description of its

legal system (types of laws, enforcement proce- c) The completed bulletin board displays can be eval-
dures, administration of justice); d) photos or other uated using Generic Assessment Master G-5:
visual aids to explain information presented; and e) Rubric: Visual Display.
a title for the display.
Table TR 1.6: Answer Key to BLM 1-5: Continuity in Law

-3
Law Legal Code Modern Canadian Law Legal Principle
Equivalent
“Thou shalt not kill.” Mosaic Law Criminal Code laws against Protection of people; right
murder and manslaughter to life
“If anyone is committing a Code of Hammurabi Criminal Code laws against Protection of property;
robbery and is caught, then theft enjoyment of property
he shall be put to death.”
“Thou shalt not raise a false Mosaic Law Criminal Code makes it an Law is based on the idea of
report, or put thine hand offence to commit perjury justice and truth. Truth
with the wicked to be an (“false witness”); also cannot be discovered with
unrighteous witness.” prohibition against making perjury. This also indicates
false reports (obstruction of the moral aspect of
justice). Canada’s legal system, such
as affirming or swearing to
tell the truth at trial.
“The husband may demand Napoleonic Code The Divorce Act lists The granting of a divorce for
divorce for cause of adultery marriage breakdown as adultery can be traced back
on the part of his wife.” cause for divorce and to the ancient laws. The
“The wife may demand adultery as evidence of importance of children
divorce for cause of adultery marriage breakdown. (especially male heirs) has
on the part of her long been supported in law.
husband….”
“No freeman shall be taken, Magna Carta The Canadian Charter of The principle of the Rule of
imprisoned, … or in any Rights and Freedoms Law (that is, that laws apply
other way destroyed … guarantees the legal rights equally to all) is a
except by the lawful of all Canadians. These fundamental principle of
judgment of his peers, or by include the right to trial by Canada’s justice system.
the law of the land. To no jury, freedom from arbitrary This was an important
one will we sell, to none will arrest or detention, and development in the signing
we deny or delay, right or freedom from unreasonable of the Magna Carta and was
justice.” search. not evident in the ancient
legal codes.
“If anyone opens his Code of Hammurabi Canadian tort law makes The principle of legal
ditches to water his crops, individuals responsible for liability for torts (causing
but is careless, and the causing harm or damage to harm to others) has been
water floods the fields of the property of another. present from the earliest
his neighbour, then he shall legal codes.
pay for the loss.
“If anyone hire an ox or an Code of Hammurabi Canadian contract law sets The principle expressed
ass, and a lion kill it in the out rules regarding liability here is that an individual is
field, the loss is upon its for loss for bailments. not liable for something
owner.” that is beyond his or her
control and was not a result
of carelessness.

Additional Resources
Books A very important historical source of Iroquois law
Depending on the focus taken, there are a number of and rituals (originally published in 1883). Students
excellent books on ancient legal codes and early civi- may have a difficult time with this book unless they
lizations. For example: are good readers, but teachers will find it a good basic
resource.
Copleston, Frederick. A History of Philosophy. 9 vols.
New York: Doubleday, 1993–94. The Oxford Illustrated History of Western Philosophy.
This nine-volume set provides an excellent overview Edited by Anthony Kenny. New York: Oxford University
of the history of philosophy from the Ancient Greeks to Press, 2001.
Kant. This is an excellent resource for teachers and Features clear, concise articles on the philosophers
students. It provides the teacher with a solid back- and their philosophies. Students will be able to easily
ground on the philosophies that influenced modern understand the articles. Teachers will find it a handy
law. Students will find this set a useful resource for supplement for background information on philo-
research papers. sophical topics.
Civilization of the Ancient Mediterranean: Greece and Magazines

Rome. 3 vols. Edited by Michael Grant and Rachel LawNow (published six times a year by the Legal
Kitzinger. New York: Charles Scribner’s Sons, 1988. Studies Program, Faculty of Extension, at the University
This encyclopedia includes sections on Greek and of Alberta) is an excellent source of articles on all
Roman law. It contains a wide variety of information on aspects of law. It features commentary and news sto-
the social, economic, and political aspects of Greek ries covering various aspects of legal history, jurispru-
and Roman society. Articles on topics such as marriage dence, and current case law. Sample articles and order
are followed by a brief bibliography on the topic. information are available at www.extension.ualberta.ca/
lawnow.
de Hamel, Christopher. The Book: A History of The
Bible. New York: Phaidon Press, 2001. Other Resources
Looks at the history of the printed Bible. Includes
an explanation and examination of the various trans- • Newspapers are a very useful source of information
lations of the Bible. for law teachers. Current cases and legal history
can be found in major daily newspapers across
The Encyclopedia of Ancient Civilizations of the Near Canada. Book reviews are also a good way to find
East and Mediterranean. Edited by Haywood, John. updated material by legal scholars.
New York: M.E. Sharpe, 1997. • On-line sources of legal history are also useful.
Offers an excellent overview of the ancient societies The following Web sites are good sources for the
of the Near East and Mediterranean. The articles are various topics covered in this chapter:
easy to read and at an appropriate level for students. www.abu.nb.ca/ecm/topic/arch2htm provides a good
overview of the Code of Hammurabi and some com-
Encyclopedia of North American Indians. Edited by
parisons with Mosaic Law. It also has links to other
Frederick E. Hoxie. New York: Houghton Mifflin, 1996.
ancient history sites.
Includes information on the social, economic, and
political aspects of the Aboriginal societies of North www.fordham.edu/halsall/ancient/asbook.html provides
America. Short articles on various subjects and per- a collection of links to information on ancient laws,
sonalities are followed by a partial bibliography on the including a detailed discussion of the Code of
topic. Hammurabi and a collection of contracts from
Mesopotamia.
Iroquois Book of Rites. Edited by Horatio Hale. www.commonlaw.com provides legal history and
Philadelphia: D.G. Brinton, 1883. Reprint, Oshweken, philosophy related to ancient and modern law. This
Ont.: Iroqrafts, 1989. site includes links to a variety of legal codes, such
as the Laws of the Cherokee Nation.

Additional Cases
R. v. Clark (2002), B.C.S.C. accounts. To cover the losses, Grundy misappropri-

ated cash and securities from unrelated client accounts
Glen Clark, the former premier of British Columbia, and directed stolen cash and securities to accounts of
was charged with two counts of breach of trust for five of his friends, who remitted cash back to him. The
allegedly accepting free renovations from friend and company was required to make cash settlements and
neighbour Dimitrios Pilarinos. The renovations were make corrections to the affected accounts, thus los-
supposedly given in exchange for helping advance ing $217 749.85.
Pilarinos’s casino licence application to the govern- Grundy was charged with fraud over $5000 in June
ment of British Columbia. Clark is supposed to have 2000 and pleaded guilty to the charge in November of
influenced Michael Farnworth, the minister respon- that year. Grundy received a sentence of two years less
sible for gaming in B.C., to approve Pilarinos’s casino a day with the following conditions: conditions of pro-
application and failed to inform Farnworth of the ren- bation—240 hours’ community service within the first
ovations that Pilarinos had done. Clark is said to have 18 months, taking counselling and treatment for stress
received about $10 000 worth of free labour and mate- and depression; residing only where approved by his
rials from Pilarinos in the summer of 1998. During supervisor; and remaining in his residence or on its
the time that Pilarinos built an addition to Clark’s home grounds between the hours of 8:00 p.m. and 6:00 a.m.,
and a deck for his summer cabin, Pilarinos had a casino seven days per week. He was allowed to go directly
application under government consideration. from his home to his work and was ordered to pay resti-
tution of $218 700 to Yorktown.
1. A “breach of trust” means that a person has abused The Crown appealed the sentence, believing that
a position of authority in order to gain some ben- it was too light and failed to meet the need to deter
efit for himself or herself. How does this concept others from similar acts. The appeal was allowed and
apply to this case? Grundy’s sentence was changed so that he was con-
fined to his residence 24 hours a day and could only
2. How does this case illustrate the principle of the leave to complete the 240 hours of community ser-
Rule of Law? vice. In essence, he was under 24-hour house arrest.
3. Members of Parliament cannot be prosecuted for 1. This case involved fraud, which is similar to theft.
slander for statements made in the House of According to the Code of Hammurabi, what would
Commons. This freedom is called “absolute priv- the penalty be in such a case?
ilege” and only applies to statements made in the
House of Commons, not to anything said outside 2. What is the penalty for theft of property under
of the House. Is this privilege a violation of the Mosaic Law?
Rule of Law? Why or why not?
3. According to the Code of Hammurabi, what would
happen to a thief who could not pay? What would
R. v. Grundy (2002), Alta. Q.B. happen if someone in Canada could not pay all of
Robert Grundy was employed by Yorkton Securities a restitution order at one time?
Inc. from 1986 to 2000. From October 1997 to
4. The Code of Hammurabi has very strict sentences
September 1998, Grundy, acting as a registered rep-
that were meant to deter people from committing
resentative, made unauthorized discretionary trades in
crimes. Do you think that strict sentences are a
several client accounts. These unauthorized trades
good way to deter crime? Why or why not?
resulted in shortfalls of cash and securities in the
Additional Cases
R. v. Harriott (2002), Ont. C.A. imposed was eight years’ imprisonment. Harriott again
appealed to the Ontario Court of Appeal, but the con-
Allan Harriott was convicted of six counts of criminal viction and sentence were upheld.
offences as a result of a home invasion and robbery at
the apartment of Ricardo and Maria Iraheta. Harriott 1. Examine the Code of Hammurabi on page 18 of
and a young offender forced their way into the Iraheta’s the text. What would Harriott’s sentence have been
apartment and demanded money, drugs, and jewellery. if he had been convicted under Hammurabi’s
Mrs. Iraheta told the intruders that she and her hus- Code? Is there a similar law in the Mosaic Law?
band were no longer in the jewellery business, so there
was not much to steal. The intruders did manage to 2. The appeal process is commonly accepted in our
get a few pieces of jewellery and between $1300 and legal system in order to ensure that there were no
$1500 in cash. During the invasion, Harriott threat- errors in the judgment. Why did Hammurabi’s
ened to shoot Mrs. Iraheta if she did not get the jew- Code have such a strict prohibition against judges
ellery, and he kicked her as he and the young offender changing their sentences?
were leaving.
3. This case shows the many legal changes that have
At trial, Harriott was convicted of two counts of
taken place through the years. The trial was con-
robbery, two counts of forcible confinement, one count
ducted in court and followed the adversarial system
of possession of a weapon for the purpose of commit-
of justice. Similarly, the decision of guilt or inno-
ting an indictable offence, and one count of wearing a
cence was determined by a jury. The judge used
disguise with intent to commit an indictable offence.
precedents to determine the appropriate sentence,
He was sentenced to four years’ imprisonment. The
and the rights of the accused were protected under
Court of Appeal overturned the conviction and ordered
the legal process. Identify the historical roots of
a new trial. Harriott was again convicted of all six
each of these aspects of Canada’s legal system.
counts at the second trial, and this time the sentence
48 © Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school.
BLM 1-1
SURVIVOR ISLAND SCENARIO
Name: Date:
The Setting
You and the four members of your group are the only survivors of a plane crash. Your location is a remote island
in the Caribbean. The island is relatively small and is uninhabited. The only items you were able to rescue from
the plane before it was engulfed in flames were as follows: 2 cases of water (70 x 500-mL bottles), a first-aid kit,
2 blankets, a box of matches, 5 chocolate bars, 24 snack-size bags of peanuts, and some dishes (2 plates, 3 cups,
a small stainless steel pot, 4 knives, and 2 forks).
Your Task
As a group, you must decide how you will survive until you are rescued. The rescue could take several weeks. You
must decide upon rules dealing with the rationing of food and water, safety for the group, how to make contact with
the rescuers, and any other issues that you feel need to be looked after. You must, therefore, draft a “Survivor
Island Legal Code” that will be used to govern your “society” until you are rescued (that is, if you are rescued).
You will need to consider the following questions:

• Who will be in charge? How will the leader be chosen?
• What are the actions that the group will take to survive? What will be the order of completing these tasks?
• How will the rules be enforced?
• What will happen if someone violates one of the rules? Who will determine any punishment?
Once you have completed your legal code, you are to present and explain it to the class. Following your presen-
tation, you will submit your code for evaluation.
Evaluation
Your evaluation will be based on the legal code your group creates as well as on your performance as part of a group
(individual and group assessment).
BLM 1-2
LAWS FROM THE CODE OF HAMMURABI

Name: Date:
With a partner, examine the laws from the Code of Hammurabi found in your text on pages 17–18 and on this mas-
ter. Then, discuss and outline what these laws tell us about Babylonian society.
16. If anyone receives into his house a runaway male or female slave of the court, or
of a freedman, and does not bring it out at the public proclamation of the major
domus, the master of the house shall be put to death.
53. If anyone is too lazy to keep his dam in proper condition, and does not so keep it;
if then the dam breaks and all the fields are flooded, then shall he in whose dam
the break occurred be sold for money, and the money shall replace the corn which
he has caused to be ruined.
102. If a merchant entrusts money to an agent (broker) for some investment, and the
broker suffers a loss in the place to which he goes, he shall make good the cap-
ital to the merchant.
117. If anyone fails to meet a claim for debt, and sell himself, his wife, his son, and
daughter for money or give them away to forced labour: they shall work for three
years in the house of the man who bought them, or the proprietor, and in the
fourth year they shall be set free.
128. If a man takes a woman to wife, but has no intercourse with her, this woman is no
wife to him.
163. If a man marries a woman and she bear him no sons; if then this woman dies, if
the “purchase price” which he had paid into the house of his father-in-law is
repaid to him, her husband shall have no claim upon the dowry of this woman; it
belongs to her father’s house.
209. If a man strikes a freeborn woman so that she loses her unborn child, he shall pay
ten shekels for her loss.
210. If the woman dies, his daughter shall be put to death.
215. If a physician makes a large incision with an operating knife and cures it, or if he
opens a tumor (over the eye) with an operating knife, and saves the eye, he shall
receive ten shekels in money.
216. If the patient is a freed man, he receives five shekels.
217. If he is the slave of someone, his owner shall give the physician two shekels.
246. If a man hires an ox, and he break its leg or cuts the ligament of its neck, he
shall compensate the owner with ox for ox.
274. If anyone hires a skilled artisan, he shall pay as wages of the … five gerahs, as
wages of the potter five gerahs, of a tailor five gerahs, … of a rope maker four ger-
ahs….
BLM 1-3
COMPARING TWO DEMOCRACIES
Name: Date:
Use the following table to compare democracy in ancient Greece with democracy today. Then summarize your find-
ings in the space below the chart.
-3 Early Greece Today

Groups excluded
Rights involved
Size of jury
Decisions made by jury
Conclusions:
BLM 1-4
HISTORICAL ROOTS OF LAW

Name: Date:
Use the “Historical Roots of Law” section of your text (pages 17–23) and other resources to identify the similar-
ities and differences among the laws in the societies listed in the table below.
Aspect
-3 of Society
Law
Law codified
Type of law
Description
Basis of laws
(retribution
or
restitution)
Laws serve to
- protect
property
- protect
persons
- settle
disputes
- regulate
contracts,
wills, and
families
(continued on page 53)
BLM 1-4 (continued)
Aspect
-3 of Society
Law
Law codified
Type of law
Description
Basis of laws
(retribution
or
restitution)
Laws serve to
- protect
property
- protect
persons
- settle
disputes
- regulate
contracts,
wills, and
families
BLM 1-5
CONTINUITY IN LAW
Name: Date:
Carefully complete the table below by filling in the appropriate spaces. For the modern Canadian law equiva-
lent, simply state the general law rather than an exact reference to the Criminal Code or other statutes.
Law
-3 Legal Code Modern Canadian Law Legal Principle
Equivalent
“Thou shalt not kill.” Mosaic Law Criminal Code laws against Protection of people; right
murder and manslaughter to life
“If anyone is committing a

robbery and is caught, then
he shall be put to death.”
“Thou shalt not raise a false

report, or put thine hand
with the wicked to be an
unrighteous witness.”
“The husband may demand

divorce for cause of adultery
on the part of his wife.”
“The wife may demand
divorce for cause of adultery
on the part of her
husband...”
“No freeman shall be taken, Magna Carta

imprisoned, … or in any
other way destroyed ...
except by the lawful
judgment of his peers, or by
the law of the land. To no
one will we sell, to none will
we deny or delay, right or
justice.”
“If anyone opens his
ditches to water his crops,
but is careless, and the
water floods the fields of
his neighbour, then he shall
pay for the loss.
“If anyone hire an ox or an Code of Hammurabi

ass, and a lion kill it in the
field, the loss is upon its
owner.”

Our Legal Heritage: NIT Verview

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Our Legal Heritage: NIT Verview

Uploaded by

Copyright:

Available Formats

UNIT

Our Legal Heritage

Law in Our Lives

Generic Assessment Master G-2:

20 UNIT 1 ◆ Our Legal Heritage

CHAPTER 1 ◆ Law and Society 21

- BLM 1-4: Historical Roots of Law COPY Legal Inquiry

- Assessment Master 1-2: Rubric: Analysis of an Aboriginal Nation’s Laws

- Assessment Master 1-3: Rubric: Article on Laws That Appear to

Law and Morality—Ethics Exercise, p. 33

Additional Cases: R. v. Clark; R. v. Grundy; R. v. Harriott COPY Case Analysis

- Generic Assessment Master G-3: Rubric: Case Analysis COPY Assessment

- Generic Assessment Master G-10: Rubric: Case Presentation

Law in Action Test Bank, Chapter 1

Extension Activities Activity 1: Survivor Island Legal Code

- Assessment Master 1-1: Rubric: Survivor Island Legal Code

- Generic Assessment Master G-1: Rubric: Group Work COPY Assessment

Activity 2: Law as a Reflection of Society

Activity 3: Research Report

Activity 4: Continuity in Law

Activity 5: Aboriginal Law

22 UNIT 1 ◆ Our Legal Heritage

Page 9 Following this discussion, ask students to explain their

Rollerblading: municipal bylaws (e.g., no motorized 2. Rule—This rule is limited to a student–teacher

4. Law—If you are part of the community and under

7. Law—If you hunt in the community (i.e.,

Then examine additional class/membership relation-

24 UNIT 1 ◆ Our Legal Heritage

Figure 1.4 Case: R. v. Dudley and Stevens

CHAPTER 1 ◆ Law and Society 25

26 UNIT 1 ◆ Our Legal Heritage

Fourth characteristic: The law itself must reflect a

Consider This Figure 1.12

CHAPTER 1 ◆ Law and Society 27

28 UNIT 1 ◆ Our Legal Heritage

CHAPTER 1 ◆ Law and Society 29

Table TR 1.1: Answer to Looking Back #3, Page 31

Rights involved • voting • women can vote and hold office

• in civil law, jurors decide on the

30 UNIT 1 ◆ Our Legal Heritage

siderations? Note: This activity will require considerable

Table TR 1.2: Possible Responses to Looking Back #7, Page 32

Implicit right relevant to

CHAPTER 1 ◆ Law and Society 31

Table TR 1.3: Answer to Looking Back #8, Page 32

32 UNIT 1 ◆ Our Legal Heritage

Basis of laws - retribution - retribution - retribution - retribution and

CHAPTER 1 ◆ Law and Society 33

- protect - punishment was - punishment for - laws established

34 UNIT 1 ◆ Our Legal Heritage

- protect - laws regulated - protection of - protection of

- protect - gave all male - Rule of Law gave - Rule of Law

CHAPTER 1 ◆ Law and Society 35

- protect - accused had the

- settle - judges settled - as society

- regulate - Code of - laws covered - laws were - laws were

36 UNIT 1 ◆ Our Legal Heritage

- protect - right of the

- circuit judges - judges follow

- settle - judges settled - travelling courts - law addressed - laws were

- regulate - laws were - laws regulate

CHAPTER 1 ◆ Law and Society 37

38 UNIT 1 ◆ Our Legal Heritage