The complex society gradually evolved changing the social rules into a more

The complex society gradually evolved changing the

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The complex society gradually evolved changing the social rules into a more structured sanctions to prevent the violations of those rules essential to group survival. These sanctions have been codified into written rules or laws. And the reward for obeying those laws is simply the ability to function as a respected and productive member of society. Redress (Compensation) of a wrong act Retaliation (Personal Vengeance) – the earliest remedy for a wrong act to any one (in the primitive society). The concept of personal revenge by the victim’s family or tribe against the family or tribe of the offender, hence “blood feuds” was accepted in the early primitive societies. Fines and Punishment – Customs has exerted effort and great force among primitive societies. The acceptance of vengeance in the form of payment (cattle, food, personal services, etc) became accepted as dictated by tribal traditions. As tribal leaders, elders and later kings came into power, they begun to exert their authority on the negotiations. Wrongdoers could choose to stay away from the proceedings (Trial by ordeal) but if they refuse to abide by the law imposed, they will be declared to be an outlaw. Early Codes: History has shown that there are three main legal systems in the world, which have been extended to and adopted by all countries aside from those that produced them. In their chronological order, they are the Roman, the Mohammedan or Arabic and the Anglo-American Laws. Among the three, it was Roman law that has the most lasting and most pervading influence. The Roman private law (Which include Criminal Law), especially has offered the most adequate basic concepts which sharply define, in concise and inconsistent terminology, mature rules and a complete system, logical and firm, tempered with a high sense of equity. (Coquia, Principles of Roman Law, 1996) 1. Babylonian and Sumerian Codes a. Code of King Hammurabi (Hammurabic Code) – Babylon, about 1990 BC, credited as the oldest code prescribing savage punishment, but in fact, Sumerian codes were nearly one hundred years older.
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2. Roman and Greek Codes a. Justinian Code – 6 th C A.D. , Emperor Justinian of Rome wrote his code of law. An effort to match a desirable amount of punishment to all possible crimes. However, the law did not survive due to the fall of the Roman Empire but left a foundation of Western legal codes. * The Twelve Tables (XII Tabulae), (451-450 BC) – represented the earliest codification of Roman law incorporated into the Justinian Code. It is the foundation of all public and private law of the Romans until the time of Justinian. It is also a collection of legal principles engraved on metal tablets and set up on the forum. b. Greek Code of Draco – In Greece, the Code of Draco, a harsh code that provides the same punishment for both citizens and the slaves as it incorporates primitive concepts (Vengeance, Blood Feuds).
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