1.5.1 Foundations-Law

1.5.
1 FOUNDATIONS OF OUR SOCIETY
Philosophy is the basis of the foundations of society. Law, mathematics, science, politics
and religion all started with philosophy.
ORIGINS OF OUR SOCIETAL FOUNDATIONS

LAW
When I started to research the origins of law it appeared that law did not exist
until so-called ‘civilisation’. I.e. Ancient Egyptian and Babylonian law. Another
source related to the origins of law started off in the year 1066. I.e. William the
Conqueror setting down the law in England after invading.
*It was apparent, quite quickly, that the historical references that you will be
researching are commonly culturally biased or have neglected to acknowledge
the original custodians of their respective lands. Throughout the world
indigenous peoples had to work out a way of making sure that everyone was
O.K., that everything was fair. Indigenous people had systems that would ensure
that they could deal with injustice within the community.
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DEFINITIONS
http://www.duhaime.org/LawMuseum/LawArticle-133/Origin-of-Law.aspx
Definition: Law: to enforce order.
Law has therefore been defined as enforceable rules of order.
Short definition
"Law and order are indispensable elements of civilized life. The rule of law in
this sense implies ... simply the existence of public order. The rule of law
expresses a preference for law and order within a community rather than
anarchy, warfare and constant strife."
Perhaps the theory was more eloquently put in 1989 by judge Wood of the
British Columbia Supreme Court in R v Bridges, published at 48 CCC 3d 545:
Long Definition
"It is the rule of law which distinguishes civilized society from anarchy.
Everything which we have today, and which we cherish in this free and
democratic state, we have because of the rule of law. Freedom of religion and
freedom of expression exist today because of the rule of law. Your right to hold
the beliefs you do, to espouse those beliefs with the fervour which you do, and
to attempt to persuade others to your point of view, exists only because of the
rule of law. Without the rule of law there is only the rule of might. Without the
rule of law, the Canadian Charter of Rights and Freedoms, which some of you
sought to invoke, would be nothing but another piece of parchment adrift in the
timeless evolution of man's history.
"The rule of law exists in this society only because the overwhelming majority of
citizens, irrespective of their different views on religion, morality or science,
agree to be bound by the law. That agreement, which cannot be found recorded
in any conventional sense, has survived the deepest and most profound
conflicts of religion, morality and science. In that sense it might be thought that
its strength is overwhelming and its future secure. But that is not the case at all,
for the continued existence of that agreement is threatened by its own inherent
fragility.
"Once our laws are flouted and orders of our courts treated with contempt the
whole fabric of our freedom is destroyed. We can then only revert to conditions
of the dark ages when the only law recognized was that of might. One law
broken and the breach thereof ignored, is but an invitation to ignore further
laws and this, if continued, can only result in the breakdown of the freedom
under the law which we so greatly prize."
ACTIVITY
Students/teacher work out groups.
Select an early civilisation to research. These may include:
Australian Aboriginal, Other Indigenous, Mesopotamia, Harrapan, Egyptian,
Greek, Persian, Roman, Chinese, etc.
Now find answers to the following questions and complete the worksheet
below.
Who are you researching?

Ancient Rome
What type of laws and punishment were used?
The main laws of Rome were written on stone tablets and known as the Law of
the Twelve Tables. Punishments were given based on your status and were
normally very harsh and involved beatings, lashings.
Where were these people from?
When did this early civilisation exist?

How are these laws similar to our own, if at all?
Why may people think these laws are irrelevant to people living in the modern
world?
1.5.1 FOUNDATIONS OF OUR SOCIETY

LAW
STUDENT GROUP:
ANCIENT CULTURES AND THEIR SYSTEM OF LAW
Who are you researching?
(Name of ancient culture selected)
What type of laws and punishment
were used?
(Provide a list of relevant information)
Where were these people from?

(Be specific in terms of location)
When did this early civilisation exist?
(Provide specific dates if possible)
How are these laws similar to our
own, if at all?
Why may people think these laws are

irrelevant to people living in the
modern world?

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1.5.

1 FOUNDATIONS OF OUR SOCIETY

ORIGINS OF OUR SOCIETAL FOUNDATIONS

Who are you researching?

When did this early civilisation exist?

1.5.1 FOUNDATIONS OF OUR SOCIETY

Where were these people from?

Why may people think these laws are

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