The Code Of Hammurabi: A System Of Law And Criminal Codes

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A system of law generally starts out with norms that have been agreed upon by the people. People learn to recognize deviant behavior and decide that it should be dealt with in some form of punishment. The code of Hammurabi dates back to the eighteenth century B.C. and is one of the earliest law codes in Western culture. This was a code of laws that was given by the gods as a system of divine guidance. The laws of Moses came about in 1250 B.C. and were also considered divine guidance to the people. These laws were needed to regulate social behavior, which is basically what American laws do today. Roman law developed in 450 B.C. and offered codes for the duties, rights, and expectations of citizens. After the fall of Rome, the Justinian Code was created which defined civil and criminal wrongs and established the first legal defense of insanity. There were two ideas; positive law and natural law. Positive law was the legal codes governing citizens and followers, while natural law reflected the binding rules and principles that guide behavior and was thought to be created by a higher power. Most viewed natural …show more content…

The introduction of common law allowed for determination of which behaviors are crimes and what the appropriate punishment should be. Regoli and Hewitt (2008) states, “One of the most important concepts operating in common law was the doctrine of precedent, or stare decisis (literally “to stand by the decisions”). The doctrine allows courts to interpret and apply law based on previous court decisions.” Judges were required to decide new cases based on principles established in previous cases. They were required to interpret the law in the same way and follow the precedent. Many Americans felt that the English system of law was inappropriate for their new nation. They feared citizens would not understand their roles and responsibilities under the

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