JUST 1000 Lecture Notes - Lecture 3: Mens Rea, Burglary, Actus Reus
Document Summary
Today the law governs nearly every aspect of our lives. It is referred to as rule of law and is divided into four categories. Overlap exists between these categories of the law. The babylonian code of hammurabi, 2000 bce (first written code of law and punishment) (involves the concept of proportionality or lex talionis) The mosaic code of the israelites, 1200 bce (ten commandments) Early formal legal codes were lost during the dark ages (500-1000 ce) wergild (monetary compensation): -guilt by compurgation guilt by ordeal. Use occurred after 1066 (william the conqueror) Legal principle that requires judges to base decisions on previously made judicial rulings. Began during the reign of henry ii (1154-1189), when royal judges began to publish their decisions in local cases. Developed by judges, who adapted anglo-saxon tribal customs and feudal laws into standardized code. Existence of mala in se and mala prohibitum. Formed the basis of criminal law in the u. s.