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    History and Law
    History and Law
    History and Law
    Ebook43 pages28 minutes

    History and Law

    By James Constant

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    About this ebook

    Jurisprudence. Philosophy of Law. Uncertainty of Law and Constitutional Government. This book looks at History and Law: Jewish, Greek, Roman, English and American Law, the Bill of Rights and Corporate Pewrsonas

    LanguageEnglish
    PublisherJames Constant
    Release dateOct 6, 2013
    ISBN9781301790067
    History and Law
    Author

    James Constant

    writes on law, government, mathematics and science, as they are and as they should be

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      Book preview

      History and Law - James Constant

      History and Law

      By James Constant

      Smashwords Edition

      Copyright © 1993,2013 by James Constant

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      Table of Contents

      Jewish Law

      Greek and Roman Law

      English and American Law

      The Bill of Rights and Corporate Personas

      HISTORY AND LAW

      Before getting to the remaining subjects, it is probably instructive to give a brief history of lawyers and law. To begin with, law codes and records of lawsuits going back to 1,700 B.C., and for centuries thereafter in Mesopotamia and Egypt, show no lawyers. Parties to disputes had to plead their own cases. The courtroom was generally a public place where sat the judges who were mayors, councils of elders, priests, or the sovereign ruler himself. The plaintiff simply stepped up and stated his grievance and the defendant gave his reply. In the record of a trial held in Egypt in 1,375 B.C., the record reports what the plaintiff and defendant said. The famous judgment by Israel's King Solomon came after the parties had each argued their sides to him. [86].

      Taxes probably should receive credit for being a motive to create written laws. The earliest known laws, Egyptian hieroglyphics from about 3,300 B.C., are about taxes. Prior to the Egyptian clay tablets, Summerian cuneiform cones, found near the Tigris and Euphrates rivers, also spoke of taxes. The famous Rosetta stone, which unlocked the secrets of hieroglyphics with its Greek translation, also was about taxes. The modern 1040 form traces its ancestry back to the Egyptian and Summerian stones.

      The Summerians, whose written code of laws dates back to 2,500 B.C., were probably the first to have a written code which goes beyond taxes. The Summerian Code was augmented and incorporated into the Hammurabi Code (1728 1686 B.C.), the most famous legal achievement of the ancient East. It proclaimed to prevent the strong from oppressing the weak but meted punishment according to class status and said nothing about the rights of people against the state. In this respect, the Hammurabi Code lacked the passion and justice of the later Mosaic laws. The Old Testament rejected the model of punishment that depended on the victim’s identity substituting the equal and proportional mandate of an eye for an eye, a tooth for a tooth. As a general rule, the Bible did not recognize class distinctions in punishment. The Justinian Code (528 A.D.) was the most famous legal achievement of the ancient West. It firmly established law as the law of will, the use of will alone to defend its truth. Its famous three precepts were: Everyone is to live honorably, respect the personality of others, and render to everyone else his own. The English Common Law followed a similar path. However, early in English history, punishment varied by status. The focus of the law was

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