How Has Common Law Changed Over Time

The oldest laws were created to protect its people and create peace. In 1754 B.C.E king Hammurabi wrote 282 laws to protect his people in Babylon. In my opinion, Hammurabi's code were just because they, protected everyone, they were equal and helped the community work together.

What was the first set of laws? Well the “Hammurabi’s code”, is laws that deal with daily life. Hammurabi was a powerful and popular kings It's from the Babylonian Empire. He created the laws and was a ruler from 1792 BCE until 1750 when he died. This code was the first system invented. These laws make everyday life for us even though they were different in the past they created stability in the empires like how the laws today in our cities.

The code was the earliest form of law. For modern society this document serves as an important document, just as important as the Declaration of Independence or even Magna Carta Libertatum; not only from a historical stand point but also as a societal stand point.

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

The first set of laws that were recorded were from ancient Babylon by the King, at the time, Hammurabi (1795 - 1750 BCE). These laws were written because the laws became more complex and more abundant over time. Finally choosing to write them down, Hammurabi and his people had some unorthodox feelings towards those who disobeyed the law. The large differences between then and now prove that society has evolved and beliefs have changed drastically from what they once were.

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

Modern day common law is adjudicated similarly with it being judged according to available statutes or acts enacted by legislative bodies and decisions made in previous cases after all evidence and facts are attained. The decisions of a court/judge are binding only in a particular jurisdiction (area of control or influence), and even within jurisdiction, some courts have more power than others. Due to this before a decision is made it must be accepted by higher courts (Statute and Common Law, 2014).

Hammurabi’s Code is one of the earliest and most complete codes of law that have been identified. Hammurabi the King of Babylon (located in present day Iraq) reigned from 1792 to 1750 BCE. (History.com) His code was inscribed on a “stele” which was carved from basalt and has withstood time to be currently displayed in the Louvre in Paris. There were two known codes written before Hammurabi’s, one was written by Ur-Nammu of the city of Ur, this code was written in the 21st century B.C. The second code was the Sumerian Code of Lipit-Ishtar of Isin and dates at least two centuries prior to Hammurabi’s Code. These codes referenced above resemble each other in content and structure which might reflect that the earlier codes influenced Hammurabi’s

Some people believe that the code of Hammurabi was the earliest documented codes of law but it actually wasn’t. The code of Hammurabi was predated by at least two other ancient codes of conduct from the middle East. The Sumerian ruler Ur-Nammu created the earliest known code of laws. The Hammurabi’s code is one of the most famous examples of the ancient precept of the law of retribution. The Code included many bizarre and gruesome forms of punishment. Capital crimes were often met with horrible death penalties. For example, if a son hit his

To start evaluating this large topic we will begin with the creator of the source. King Hammurabi of Babylon c.1792-1750 BCE is known as the founder of Law. Hammurabi was indeed the creator of the laws, however likely did not write them down himself. The real author of the Law Codes of Hammurabi could have been someone other that Hammurabi himself. This is an assumption made on the idea that a King would not take the time to carve thousands of symbols into rock himself and thus would have dictated the laws to another to be inscribed. By

Common law is also known as case law, or law by precedent, is a type of legal tradition developed through decisions of legal bodies (courts, tribunals, etc.). Common law systems originated in Anglo-Saxon England as opposed to the Roman Empire, and believe that legal precedent, based on cultural tradition, should carry more weight that judicial mandates. Courts look at an incident and use what was found and decided as a way to base future decisions, thus guaranteeing a more solid legal tradition; but only binding in particular jurisdictions (Plucknett, 2001). Law in the United States is based on common law, using the Constitution as the backbone for all legal theory. The system of law coming from the three branches of government and moving from the Federal system down to the local levels, and in the case of appeals, from the local level up to the U.S. Supreme Court, is part of the idea of federalism and is based on the assumption

The last primary source of law is Case Law. Case law is laws created from former cases or existing laws (Sources of Law, 2017). Case law is rules created from court decisions. Case law, also be known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive (U.S. Case Law n.d.). An example of this law would be a civil suit. Case law is rules based on court decisions.

The law code was based off the Bible. The Bible was Christian scriptures, consisting of the 66 books of the Old and New Testaments. This law code was mainly used in the Roman Empire but spread east to Constantinople, and the Byzantine Empire. It was later spread by mercenaries which eventually made the law code popular around all regions. It was created in 529 to 534.Justinian's Code was mainly used by Christians due to the law code being based off the Bible.

The English law were based on the common law or the case laws which were developed by judges during the course of various court decisions. Common law derived when judges in court applied legal precedent to the various cases before them to come out with judgements.