INTRODUCTION
There are many aspects contributing to the history of criminal law: the concept of law, the origin of law, and finally the development of law. Each point is equally important and influential to the maturation of criminal law.
CONCEPT OF LAW
The concept of law is to protect those who are innocent and to prosecute those who are guilty. Law is the infrastructure of our economic, social, and political lives. It gives order to our existence and makes us equal. Without law, we as a nation would collapse and become a very volatile society.
Every crime falls under a pertinent conviction or penalty. When laws and statutes are made and passed, morals have to be taken into account. Thus, there is a definite correlation between law and morality. If laws were simply made without taking into consideration proper rationales they would not have any connotation.
ORIGIN OF LAW
The background of law goes back further than the days of the British North America Act and the Canadian Charter Of Rights And Freedoms. It is depicted that in Ancient Times there were three major influences of western civilization: Biblical Israel, classical Athens, and republican Rome. Each endured their own culture and ways of life; thus, imposing a diverse effect on our society. There is also a notion that, for 200,000 years, archaic humans had been living in hunting and gathering small-scale societies.
Israel's Holy Bible renders a rich ancestry of history, theology, and philosophy which has had a recurring influence over modern man. Israel changed from a nomadic order, which was based on rounding up sheep and goats, to an organized agrarian society.
Their criminal justice system and civilization came from the premise that the descendants of Abraham held the title of the chosen people of Yahweh. This religious power influenced their government of behaviour, foundation of criminal law, and discipline. Sinful actions were insolent upon two grounRAB: they induced conflict in society and ravaged the relationship among people, and the injustice of any descendant of Abraham could bear celestial wrath down upon the nation. National rectitude is essential to the survival of this religious culture.
The Greek city-state of Athens renders the suitable civilization ruled by the spry political participation of society in the concerns of bureaucracy. Athens, in its classical period, flourished from Mediterranean business enterprise; trading consisted of substances capable of being used for food and various necessities of life bartered from less progressed regions. Athenians, with a long tradition of pursuing autonomy, established a strong value on their city-state's capability to endure rulers.
The Athenian's ordeal with Spartan tyrants had surely swayed the people that democracy was imperative to joy. While their productive wealth developed, their determination of government figures to obstruct any person from possessing power and installing totalitarianism. In Athenian law, one was acquitted in murdering someone who was aspiring to overthrow the democracy or establish tyranny.
The enormous structure of Roman judiciary and constitutional principles has outlined western opinions of government through the times. Republican Rome was established on the dependability of the people to raise a constitutional land governed by the reciprocity of noble strength in the Senate and hurable vigour displayed in the tribunate. During 509-25 B.C., Rome prevailed over most of the known world.
Roman republicans concurred with Greek animosity to tyrants. Their particular form of government was built on the notion of the citizen-soldier as the determinant to Roman power in the world. Their criminal justice system aided in protecting the people from unfair prosecution and provided each person with an open comprehension of his or her liberties and obligations to the republic.
There is another pattern of human social organization which dates back as far as 200,000 years ago. The hunting and gathering society has been a controlling type of social genre in the history of the human species.
Acephalous, which is headless or leaderless, societies were the only category of human community for 30,000 of the 40,000 years since the development of mankind. These communities were small, conservatively collaborative, and believed somewhat in equality. They had simple technology and they divided work by age and sex. Also, with no ruler or government with the commanding power of others, the acephalous society generally depicted more by harmony and cooperation.
With small communities consisting of fifty merabers, the hunting and gathering groups had very tight kinship with one another. While working in such close, intimate, and small quarters each meraber learned to develop personal restraint and the control of impulse. This inturn would prevent the deterioration of a working order.
These merabers of the society cared extremely about a working order and more importantly the way of life. This intangible gesture of behaviour implies a near foundation of moral principles. As time carried on, the last 6000 to 8000 years, most of these societies have been altered into pastoral, horticultural, agricultural, and industrial societies. Nevertheless, the moral principles that were forming also transformed and burgeoned into more and greater principles.
DEVELOPMENT OF LAW
As time rolled on, man has gotten more intelligent and distinct; as did the law. The word federalism now comes into play. This entails a ruling by a central control or government with a partial ruling by the government of a province or region. The primary concept of federalism has been outlined back in history to the union of ancient Israelite tribes. As for North America, federalism's initial happening was presumed to be with the Five Nations of the Iroquois. Furthermore, the modern theory of the fact is foremost viewed through the 18th century, which is when the United States' Constitution installed the first current federal system of government. It is this model of the federal system that Canada's is based on.
With federalism, being a key success to Canada's and other countries' survival, comes the division of powers. There are three divisions of power: federal, provincial, and municipal. With each of the three acting in a sovereign manner, the term federalism is truly manifest. At the federal and provincial level there are statutes, but as for the municipal level there are bylaws.
Each and every year society changes due to many internal and external influences. If society, as a whole, varies continuously the statutes and bylaws have to accompany the society, and vice versa, to conceive a happy medium. Some contributing factors which change a society are: race, class, gender, culture, and ethnicity. If the laws and statutes were the exact same as one hundred years ago, in my eyes I do not think Canada would have evolved and matured into the great and diverse country it is today.
Some examples of federal statutes are: Young Offenders Act, Food and Drug Act, Canadian Evidence Act, Controlled Drug and Substance Act, and Corrections and Conditional Release Act. Various provincial statutes are: Game and Fish Act, Highway Traffic Act, Canadian Automobile Insurance Act, and Motorized Snowmobile Vehicle Act. Finally municipal bylaws include issues on: parking tickets, animals, noise, and smoking.
CONCLUSION
The history of criminal law is comprised of an abundance of issues. The concept, origin, and development of law all exemplify the indigenous character of criminal law. It is very fortunate that Canada has had the opportunity to model off of other various governments and criminal justice systems. Canada has benefited from the fact that it has inherited a diverse attitude towarRAB its government and criminal justice system. It would not be the great country it is today if it wasn't for its influential predecessors.
There are many aspects contributing to the history of criminal law: the concept of law, the origin of law, and finally the development of law. Each point is equally important and influential to the maturation of criminal law.
CONCEPT OF LAW
The concept of law is to protect those who are innocent and to prosecute those who are guilty. Law is the infrastructure of our economic, social, and political lives. It gives order to our existence and makes us equal. Without law, we as a nation would collapse and become a very volatile society.
Every crime falls under a pertinent conviction or penalty. When laws and statutes are made and passed, morals have to be taken into account. Thus, there is a definite correlation between law and morality. If laws were simply made without taking into consideration proper rationales they would not have any connotation.
ORIGIN OF LAW
The background of law goes back further than the days of the British North America Act and the Canadian Charter Of Rights And Freedoms. It is depicted that in Ancient Times there were three major influences of western civilization: Biblical Israel, classical Athens, and republican Rome. Each endured their own culture and ways of life; thus, imposing a diverse effect on our society. There is also a notion that, for 200,000 years, archaic humans had been living in hunting and gathering small-scale societies.
Israel's Holy Bible renders a rich ancestry of history, theology, and philosophy which has had a recurring influence over modern man. Israel changed from a nomadic order, which was based on rounding up sheep and goats, to an organized agrarian society.
Their criminal justice system and civilization came from the premise that the descendants of Abraham held the title of the chosen people of Yahweh. This religious power influenced their government of behaviour, foundation of criminal law, and discipline. Sinful actions were insolent upon two grounRAB: they induced conflict in society and ravaged the relationship among people, and the injustice of any descendant of Abraham could bear celestial wrath down upon the nation. National rectitude is essential to the survival of this religious culture.
The Greek city-state of Athens renders the suitable civilization ruled by the spry political participation of society in the concerns of bureaucracy. Athens, in its classical period, flourished from Mediterranean business enterprise; trading consisted of substances capable of being used for food and various necessities of life bartered from less progressed regions. Athenians, with a long tradition of pursuing autonomy, established a strong value on their city-state's capability to endure rulers.
The Athenian's ordeal with Spartan tyrants had surely swayed the people that democracy was imperative to joy. While their productive wealth developed, their determination of government figures to obstruct any person from possessing power and installing totalitarianism. In Athenian law, one was acquitted in murdering someone who was aspiring to overthrow the democracy or establish tyranny.
The enormous structure of Roman judiciary and constitutional principles has outlined western opinions of government through the times. Republican Rome was established on the dependability of the people to raise a constitutional land governed by the reciprocity of noble strength in the Senate and hurable vigour displayed in the tribunate. During 509-25 B.C., Rome prevailed over most of the known world.
Roman republicans concurred with Greek animosity to tyrants. Their particular form of government was built on the notion of the citizen-soldier as the determinant to Roman power in the world. Their criminal justice system aided in protecting the people from unfair prosecution and provided each person with an open comprehension of his or her liberties and obligations to the republic.
There is another pattern of human social organization which dates back as far as 200,000 years ago. The hunting and gathering society has been a controlling type of social genre in the history of the human species.
Acephalous, which is headless or leaderless, societies were the only category of human community for 30,000 of the 40,000 years since the development of mankind. These communities were small, conservatively collaborative, and believed somewhat in equality. They had simple technology and they divided work by age and sex. Also, with no ruler or government with the commanding power of others, the acephalous society generally depicted more by harmony and cooperation.
With small communities consisting of fifty merabers, the hunting and gathering groups had very tight kinship with one another. While working in such close, intimate, and small quarters each meraber learned to develop personal restraint and the control of impulse. This inturn would prevent the deterioration of a working order.
These merabers of the society cared extremely about a working order and more importantly the way of life. This intangible gesture of behaviour implies a near foundation of moral principles. As time carried on, the last 6000 to 8000 years, most of these societies have been altered into pastoral, horticultural, agricultural, and industrial societies. Nevertheless, the moral principles that were forming also transformed and burgeoned into more and greater principles.
DEVELOPMENT OF LAW
As time rolled on, man has gotten more intelligent and distinct; as did the law. The word federalism now comes into play. This entails a ruling by a central control or government with a partial ruling by the government of a province or region. The primary concept of federalism has been outlined back in history to the union of ancient Israelite tribes. As for North America, federalism's initial happening was presumed to be with the Five Nations of the Iroquois. Furthermore, the modern theory of the fact is foremost viewed through the 18th century, which is when the United States' Constitution installed the first current federal system of government. It is this model of the federal system that Canada's is based on.
With federalism, being a key success to Canada's and other countries' survival, comes the division of powers. There are three divisions of power: federal, provincial, and municipal. With each of the three acting in a sovereign manner, the term federalism is truly manifest. At the federal and provincial level there are statutes, but as for the municipal level there are bylaws.
Each and every year society changes due to many internal and external influences. If society, as a whole, varies continuously the statutes and bylaws have to accompany the society, and vice versa, to conceive a happy medium. Some contributing factors which change a society are: race, class, gender, culture, and ethnicity. If the laws and statutes were the exact same as one hundred years ago, in my eyes I do not think Canada would have evolved and matured into the great and diverse country it is today.
Some examples of federal statutes are: Young Offenders Act, Food and Drug Act, Canadian Evidence Act, Controlled Drug and Substance Act, and Corrections and Conditional Release Act. Various provincial statutes are: Game and Fish Act, Highway Traffic Act, Canadian Automobile Insurance Act, and Motorized Snowmobile Vehicle Act. Finally municipal bylaws include issues on: parking tickets, animals, noise, and smoking.
CONCLUSION
The history of criminal law is comprised of an abundance of issues. The concept, origin, and development of law all exemplify the indigenous character of criminal law. It is very fortunate that Canada has had the opportunity to model off of other various governments and criminal justice systems. Canada has benefited from the fact that it has inherited a diverse attitude towarRAB its government and criminal justice system. It would not be the great country it is today if it wasn't for its influential predecessors.