Evolution Of Law Essay

1123 words - 4 pages

Evolution of Law

The government our nation has established today has come a long way from its roots. Starting with the Napoleonic Code and eventually ending with the Ratified Constitution of the United States.

Rome came to England bringing the Roman Code, thus law begins. The Roman Code was a rigid code that in reality did not change much. It required ample detail and was difficult to understand at times. For example, if there where five different murders all using five different colored knives. Whoever was in charge of the courts would record these murders as five different cases and may yield five different outcomes. In fact, defendants were never defended because there were no trials. You where brought before the people, asked of the crime, and given a penalty. Due to the fall of Rome, the Dark Ages, and, this government did not survive long. However, it created a great basis for all government today.

The Magna Carta was one of the first major documents to start organized government. King John I met with Barons in order to avoid war and make peace. The Barons were angered because of their previously denied personal rights and liberties. To appease the Barons King John I created the Magna Carta, in 1215, which gave the Barons the liberties they wanted. It also limited some of the king's powers. It was a basic Constitution to the English culture.

After a while, the renaissance era arrived and people began regrouping and governing themselves. Custom, usage, religion, and culture caused the Roman Code to evolve. Also, because "the way of life" for English was becoming more complex, the roman code could no longer suffice as law. Changes needed to be made to assure government did its job of protecting its citizens. So tweaks such as Stare Decisis where added in. Stare Decisis clearly states "let the decision stand." From this point on, if a judge where in doubt about a decision at hand, he could send a clerk to check for a similar case and uphold that decision for the newer one. As the Code changed so much it was no longer the code, the English needed a new name for their new law. They decided to name this law English Common Law.

Because of England's new found wealth, glory, and power they became bored and craved more. This era in time was properly christened the Age of Exploration. The Age of Exploration was focused on three exploring countries England, France, and Spain. These three countries all landed in North America in hopes of new life. England landed on the eastern shore and coast. France landed in, what is known as, Canada today. Finally, Spain landed in, what is known as, Mexico and Florida today. Each country brought there own type of law with them to govern themselves. England brought their new English Common Law, France and Spain both brought the Roman Code. Because all three of these countries craved the same power and the same land, and in history sharing is never taught, war broke out. This war was dubbed the...

Find Another Essay On Evolution of Law

Public Outcry and Acceptance to Darwin's theory of Evolution

2152 words - 9 pages evidence, such as the Heliocentric theory, or the theory of the law of attraction of gravity, these theories, while initially difficult to prove nonetheless turned out to be completely factual (The Religious Aspect of Darwinism 1). Also drawing from this rebuttal, defenders of evolution could easily questioned why one would choose to believe in the word of the bible, despite also having no presentable evidence and even more eccentric tales, than

Should Evolution be Taught in Schools?

752 words - 3 pages Desmond and James Moore, Darwin, (New York: W.W. Norton and Company, 1991) pp. 456, 475. It violates the Law of Themodynamics, which state that energy cannot be lost or gained, only transformed different types of energy. However, the big bang theory of Darwin's Evolution guess is that the Earth suddenly gained a huge burst of energy that created life, which is complete paradox of the Law. Since the Law of Thermodynamics is approved by all

Creationism vs. Evolution: How did it really happen?

1232 words - 5 pages arises, a new theory is developed to cover it up. Dr. David W. Cash feels evolution is nothing but "lies covering lies."8 Mark Isaac points out major misconceptions about evolution: 1. [True]Evolution has never been observed. 2. Evolution violates the second law of thermodynamics [energy can neither be created nor destroyed]. 3. There are no transitional fossils [found in the earth’s layers, between areas of highly abundant

Creationism versus Evolution

1255 words - 5 pages led people to debate and prohibit the teachings of each other. Evolution suffers this anti-teaching law in many religious cultures and schools, while creationism seems to come in various forms that some variants may accept evolution itself in its teachings. Definitions A creationism believers will think that every bit of existence, and the universe itself; it is creation out of nothing by God’s will, into the reality it is, as we see it

Evolution: It Should Be Taught In Schools

1470 words - 6 pages In the uncertainty that the modern world is, there is one law that stays petrified in stone no matter what happens: “Things change with age.” No matter if it is in history, science, or even Pokémon, things change as time passes by and this process is called evolution. The theory formulated by Charles Darwin is the belief that all organisms have come from earliest creatures because of external factors (“NSTA…”). School boards everywhere have

The Case of Evolutionism vs. Creationism

1094 words - 4 pages unconstitutional because it violated the Establishment Clause of the First Amendment. Ultimately, the courts' holding was that states may not require curricula to align with the views of any particular religion.In the early 1980s, the Louisiana legislature passed a law titled the "Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act". The Act did not require teaching either creationism or evolution, but did require

Creationism and the Classroom

916 words - 4 pages Physics and Geology from the University of British Columbia and DSc in Geophysics from the Colorado School of Mines. Thompson believes that the only way to explain the universe scientifically is with creationism. He says, “The Second Law of Thermodynamics states that all things in the Universe are undergoing a continual process of decay. That process causes a decrease in the complexity of all things. Yet evolution requires the opposite to occur

Creation’s Contest with Evolution

1995 words - 8 pages . Bird, an attorney and professor of law, states, "[Evolutionists] have a very specific desire to preserve the exclusive teaching of evolution and to exclude any teaching of a scientific theory of creation or a scientific theory of abrupt appearance" (Evolution Conspiracy). Wendall considers this is censorship. By just explaining the proof evolutionists give to the legitimacy of evolution, biology courses can only show one side of the

Scopes Monkey Trial

1131 words - 5 pages Scopes Trial")." This law was introduced by John Washington Butler, who was greatly influenced by William Jennings Bryan, a fundamentalist and candidate for Secretary of State. After reading contemporary studies of German attitudes during World War I, Bryan "concluded that Darwinian concepts of the 'struggle for existence' fueled Germans towards militaristic efforts to conquer Europe (Webb)." He believed that the focus on evolution eliminated reform

Evolution Through the Influence of God

2052 words - 8 pages teaching of evolution (“Creationism vs. Evolution”). During the 1920s only creationism was taught and most did not except evolution. Controversy rose and many court cases were filed. In 1968, the U.S. Supreme Court declared unconstitutional any state law that forbade the teaching of evolution (“Creationism vs. Evolution”). Most students accept their parents beliefs and feel guilty to think otherwise. Educating students on evolution gives them options

Understanding Evolutionary Misunderstanding

1111 words - 4 pages arguments can be made on a purely factual basis rather than, as Isaak says, “against a set of misunderstandings that people are right to consider ludicrous” (“Misconceptions” Para. 1). He presents these misconceptions and his explanation of the faulty logic behind each one in five main categories: “Evolution has never been observed,” “Evolution violates the 2nd law of thermodynamics,” “There are no transitional fossils,” “The theory of evolution

Similar Essays

The Evolution Of Criminal Law: From The Common Law To Modern Statutes And The Model Penal Code

4557 words - 18 pages new laws and new influences on existing laws serve? What is the Common Law of England that came to be so vital to early American Jurisprudence? Does the common trend towards a Model Penal Code of criminal law stand in contradistinction to the earlier legal forebears, or are these merely codification and evolution of their predecessors?In arguably one of the most influential works to effect American legal thought, Oliver Wendell Holmes (1881

Evaluating The Obscene And Indecent: The Evolution Of Indecency Tests In Canadian Law

2105 words - 8 pages majority opinion. Thus, implementing the Harm Test in Canadian law allows for equity, inclusiveness and safety to thrive. As demonstrated through the above arguments, it is clear that the evolution of indecency tests was a necessary one. There has been a gradual but distinct progression from defining obscenity and indecency based on community standards of tolerance (the CSTT), to evaluating the risk of harm the display presents. I believe that this

Evolution Vs. Creationism Essay

1374 words - 5 pages . The theistic evolution theory states that god created the world and guides the evolution process (Religious Tolerance, 2004). The information presented in evolution studies must be viewed with an open mind since there is no definite proof or law of evolution. The dilemma boils down to science vs. religion. God has been our creator since beginning of time, but the discoveries of recent science are suddenly questioning the origins of our

Evolution & Creationism In Education Essay

3923 words - 16 pages " in Dayton, Tennessee, and the conviction of high school teacher John Scopes on the grounds of teaching evolution in a public school. An article on the world wide web entitled "The Scopes 'monkey trial,'" says the trial pitted prosecuting attorney William Jennings Bryan against defense attorney Clarence Darrow on the issue of the constitutionality of a Tennessee law, the "Butler Law," which specifically forbade the teaching of evolution in the