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Early Legal Codes and Punishments

The document discusses the history of early legal codes and criminal justice systems. It summarizes some of the earliest legal codes including the Code of Hammurabi from ancient Babylon, the Justinian Code from ancient Rome, and the Greek Code of Draco. It then discusses the evolution of criminal punishment and prisons over time, from ancient systems through the Middle Ages and Enlightenment period. Key points covered include the "eye for an eye" principle of the Code of Hammurabi, the influence of the Justinian Code on medieval law, and the increasing use of prisons and other forms of incarceration from the 16th century onward.
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0% found this document useful (0 votes)
74 views3 pages

Early Legal Codes and Punishments

The document discusses the history of early legal codes and criminal justice systems. It summarizes some of the earliest legal codes including the Code of Hammurabi from ancient Babylon, the Justinian Code from ancient Rome, and the Greek Code of Draco. It then discusses the evolution of criminal punishment and prisons over time, from ancient systems through the Middle Ages and Enlightenment period. Key points covered include the "eye for an eye" principle of the Code of Hammurabi, the influence of the Justinian Code on medieval law, and the increasing use of prisons and other forms of incarceration from the 16th century onward.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

HISTORY  Collection of 282 rules (Standard for commercial

interactions, set fines and punishment) to meet the


 Study of past events
requirement of justice
 Branch of knowledge that records or explain past  One of the first legal codes was developed in about
evidence 2000 B.C.
 Proclaimed by Babylonian King Hammurabi (1792-
1970 B.C)
SCHOOLS  Hammurabi expanded that city state along Euphrates
river to unites all Southern Mesopotamia
 According to legend, Hammurabi received the code
1. CLASSICAL
from the sun god Shamash, who was also the god of
 Choosing pleasure and pain justice.
 Certain and speedy  The Code of Hammurabi has its core principle
 Doctrine of psychological hedonism or concept of justice known as LEX TALIONIS “an eye
“freewill” -- own choice for an eye and a tooth for a tooth.”
“will” -- power to deliberate  Curve in a massive finger shape black stone “stele”
 Rational -- know what is right and wrong (pillar) that was looted by invaders 
 Retribution -- deserve punishment  Rediscovered in 1901 by JACQUES DE MORGAN
-- french mining engineer and an archaeological
2. NEO-CLASSICAL expedition to Persia
 NEO -- new, modern or contemporary  Uncovered steel of Hammurabi was broken into 3
 Children and lunatics cannot calculate the pieces that has been bought to Susa as a spoils of
war, likely by the Elamite king Shutruk-Nahhunte in
difference of pleasure from pain
the mid-12th century
 Irrational (free from punishment)

 Exemption to General rule: Imbecile
TRIVIA:
Fee of doctor
and lunatics  Severe wound -10 silver shekels for gentlemen
 Universal rule: no exemption  Freed men - 5 shekels
 Slave - 2 shekels
3. POSITIVIST/ITALIAN
 Criminals are considered sick people or Malpractice
individual who need to be treated by treatment  Rich man -cutting of hands
programs rather than punitive actions against  Slaves - Financial Restitution
them (treatment and rehabilitation)
 Denied individual responsibility and reflected Shekels
non-primitive reactions to crime and criminal  Basic monetary unit of modern Israel
 Equivalent to 100 agaurot
 Adheres that crimes as any other act are natural
 1 =14. 24 peso
phenomenon -- innate, natural, inborn

2. JUSTINIAN CODE
 Earliest code of Roman Law
 Exist over 1000 years
 Revised within a few years to reflect recent
legislation and reissued in December 1534 C.E
 All commentaries of the code was band
 Studied by student of law in the 5th year
 Translated into Greek by the end of 16th century C.E
 Introduced recently in re-concurred Italy 54 C.E
EARLY CODES  Recently neglected
1. CODE OF KING HAMMURABI  11th century C.E corporated into Medieval
 LEX TALIONIS  Corpus Juris Civilis
 Oldest code prescribing savage punishment -Major reform of Byzantine
-Influence canon law of Roman Catholic
Church
-More on the regulation of religious  Securing Sanctuary
practice  Criminal could avoid punishment by claiming
-provided for the basis of the law for emerging refugee in church for a period of 90 days
European Nations  In England, TORTURE as punishment become
 Did not survived due to the fall of Roman Empire but prevalent
left a foundation of western legal codes
 Address social changes of Byzantine 16TH CENTURY
 In Roman law, the Emperor was a single legitimate  Ernest Hooton (General Inferiority Theory)
source of law  Transportation of criminals in England was
 Evolve as LAW OF THE TWELVE TABLES authorized
-- more sophisticated  Industrial Revolution
-- more commensurate  Partially relieved over crowding of prisoners
-- follow rule of law  1835, transportation was abandoned
-- improvement for the rights group of
women, slaves and children 17TH CENTURY TO LATE 18TH CENTURY
 Abandoned warships converted into prison as mean
3. GREEAK CODE OF DRACO of relieving congestions of prisoners
 Written in blood rather than ink  Floating Hells
 Death was prescribe for all the criminal offenses  Death penalty become prevalent
 Harsh code that provides the same punishment  Jails become common
for both citizens and slaves as it incorporates  Gaols and Galleys
primitive concepts (vengeance, blood feuds)  Hulks
 Citizens are allowed to prosecute offenders in -descript transport for more warship
the name of the injured party -used to house prison (18th - 19th)
 Practice the act of fairness THE AGE OF ENLIGHTENMENT 18th
 Century of change
 Period of recognizing human dignity
 Period of the introduction of certain reforms in the
correctional field by certain person
4. THE BURGUNDIAN CODE (500 A.D)
 Specified punishment according to the social class of
offenders EARLY PRISONS
 Dividing them into: nobles, middle class and lower
1. MAMERTIME PRISON
class
 Only Roman place of confinement
 Specify the value of life of each person according to
 Build under the main sewer of Rome in 64 B.C. by
social status
Ancus Maritus
 BARBARI
- doesn’t know the life of city nor the gifts of
literacy 2. BRIDEWELL WORKHOUSE
 BARBARIAN (15th century)  1557
- groups were not people or tribe  Most popular workhouse in London, England
-collections of soldier under the  Built for the employment and house of English
military leadership of the king prisoners
 FODERATI  Agricultural
-divide and rule  Hard labor
-barbarian Allies
3. WALNUT STREET JAIL
 Originally constructed as a detention jail in
5 and 11 CENTURY
th th Philadelphia
 Dark ages because of human life violation  It was converted into a state prison become the first
 Church is dominant American penitentiary
 Excessive and brutal measure of social control
imposed by the church 4. DARTMOOR PRISON
 HOUSE OF HALFWAY TO HELL (brutal) in
13TH CENTURY Devonshire, England
 Constructed to house French prisoners A people without the Knowledge of their past
History, origin and culture is like a tree without
5. GAOLS roots
 Jails, Pretrial detention facilities operated by the --Markus Garvey
English Sheriff in England during 18th century

6. GALLEYS
 Long, low-narrow, single-decked ships propelled by
sails and cars usually rowed by criminals

7. HULKS
 Abandoned or unusual warship that were converted
to prisons as means of relieving congestion of
prisoner when transportation system was abandoned
 FLOATING HELL or HELL HOLES

8. ALCATRAZ PRISON
 Operated in 1934
 Close in Mach 31, 1963 because
 it was primarily because it was too costly, an
operation estimated were that repairs alone would run
between 4.5 and 5 million dollars.
 1940, it had a per capita cost of over twice of average
of all federal institutions when it closed, it has 260
inmates
 San Francisco, California

2 RIVAL OF PRISON SYSTEM


1. AUBURN PRISON SYSTEM
 CONGRAGATE SYTEM
 Prisoners are confined in their cells during the night
and congregate work in shop during the day

2. PENNSYLVANIA PRISON SYSTEM


 SOLITARY SYSTEM
 Prisoners are confined in single cells day and night
were they lived, they slept, eat and receive religious
instructions

ELMIRA REFORMATORY
MOVEMENT
 July 1876
 Ideal prison system quickly began to take from in
new York
 In reaction to the growing pessimism surrounding the
penitentiary, participant at the 1870 American Prison
Congress applied the ideas and practices of Sir
Walter Crofton and Alexander Maconochie
 Forerunner of modern penology because it had the
elements of modern system

Common questions

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The transition from hulks and gaols to modern prisons like the Elmira Reformatory reflects a significant shift in penal philosophy. Hulks and gaols were primarily about containment and deterrence, emphasizing punishment. Over time, this approach evolved with the Elmira Reformatory movement, which introduced elements of rehabilitation and reform, influenced by progressive ideas on corrections. This movement incorporated educational and moral reforms, signaling a shift towards treating prisoners as individuals capable of reintegration .

The Code of Hammurabi is significant as one of the earliest legal codes, introducing LEX TALIONIS, the principle of 'an eye for an eye,' reflecting a strict retributive justice system. This contrasts with modern legal systems which often emphasize rehabilitation over retribution, reflecting a more restorative approach. Modern systems tend to avoid physical punishments, instead focusing on rehabilitation and societal reintegration .

The Justinian Code, through its compilation as the Corpus Juris Civilis, significantly influenced the development of later European legal codes and the canon law of the Roman Catholic Church. It introduced major reforms that addressed social changes in the Byzantine Empire and shaped the legal frameworks of emerging European nations by incorporating principles like the rule of law and codified rights for various social groups. Its influence persisted despite the fall of the Roman Empire, providing a foundation for Western legal traditions .

Transportation during the 17th to 18th centuries in England was seen as an effective method for alleviating prison overcrowding and serving as a deterrent. It symbolized a policy shift from local punishment to exile, facilitating a form of societal cleansing. However, its effectiveness was limited by cost, logistical challenges, and ethical considerations, eventually leading to its abandonment. Its impact was mixed; while it provided temporary relief for overcrowded prisons, it also displaced social issues without genuinely addressing the underlying causes of crime .

The Classical school emphasizes the role of free will and rationality, suggesting that individuals choose between pleasure and pain and therefore deserve punishment based on rationality and retribution. In contrast, the Neo-Classical school introduces the idea of exceptions, noting that children and lunatics cannot differentiate between pleasure and pain, thus are considered irrational and exempt from punishment. This school modifies the Classical view to account for modern circumstances such as mental capacity .

The concept of 'securing sanctuary' allowed criminals to avoid immediate punishment by seeking refuge in churches, reflecting an early form of asylum based on religious sanctuary rights. This tradition laid the groundwork for future legal concepts of asylum by introducing the idea that certain locations or institutions could provide legal protection. Over time, this influenced broader legal traditions regarding asylum, evolving into more structured systems that recognize sanctuary as a humanitarian principle within international law .

The Age of Enlightenment brought about significant changes in penal systems by emphasizing human dignity and rational inquiry. This period introduced reforms that moved away from torturous practices, focusing instead on rehabilitation and the moral improvement of offenders. It laid the groundwork for more humane legal systems by advocating for the fair treatment of individuals and rights, influencing modern concepts of penitentiary systems that aim to rehabilitate rather than merely punish .

Under the Burgundian Code, punishment was explicitly tied to social class, with different penalties prescribed for nobles, the middle class, and the lower class. This stratification highlights a societal structure where the value of a life was directly related to one's social status, reflecting a legal approach that maintained and reinforced social hierarchies. This influenced societal attitudes by legitimizing inequality in the legal system .

The Greek Code of Draco was characterized by its extreme harshness, prescribing death for almost all offenses. It treated citizens and slaves alike, reflecting primitive concepts of vengeance and blood feuds. Compared to other ancient codes like the Code of Hammurabi, which had varied punishments based on social status, Draco's code was exceptionally severe. Its societal impact was to consolidate power among elites while instilling fear, but it eventually led to calls for legal reforms due to its perceived injustice .

Early prison systems like the Bridewell Workhouse and Walnut Street Jail reflected an evolving attitude towards punishment, incorporating elements of hard labor and rehabilitation. The Bridewell Workhouse, with its focus on labor, represented a shift from purely punitive approaches to ones that sought to reform through work. The Walnut Street Jail, as the first American penitentiary, showcased a transition towards structured imprisonment with the aim of penitence and rehabilitation, indicating a societal interest in reform rather than mere punishment .

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