How Did Roman Laws Influence Canadian Laws
Throughout history there has been many great pieces of law that have influenced the Canadian Laws we have today, but in my opinion I believe the most influential ones are Roman Law, the Magna Carta and Common Law. Roman law is made up of two simple yet complex principles: The law must be recorded and justice could not be left in the hands of judges alone to interpret, Roman Law also included the 12 tables. If you look at the Canadian law system you realize that these two principles are incorporated into our laws. Once Roman law started recording their laws every generation since then has recorded their laws as well so they have an official document of laws to refer to, so here in Canada we have any law written on a document so everyone has access to it and no one can say they weren’t aware of the laws and to make sure they are correctly enforced in society. The second principle of Roman law also shaped our laws, in Canada we do use judges to help interpret our laws but we don't leave it up to just them we also have a jury at times to help make an assertive decision or higher levels of court to ensure justice is
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When solving these disputes they would look at similar cases and record the decision so in the future when they ran into a similar dispute they would treat it the same as the case before. If you compare this to our system you realize that this theory of traveling judges helped develop stare decisis and the rule of precedent.Both of these principles are about applying a previous decision to a case that has similar circumstances or to stand by the decision. To conclude it is evident that Roman Law, the Magna Carta and Common Law are three systems/documents that played a huge role in shaping the current Canadian laws and the current Canadian legal
When solving these disputes they would look at similar cases and record the decision so in the future when they ran into a similar dispute they would treat it the same as the case before. If you compare this to our system you realize that this theory of traveling judges helped develop stare decisis and the rule of precedent.Both of these principles are about applying a previous decision to a case that has similar circumstances or to stand by the decision. To conclude it is evident that Roman Law, the Magna Carta and Common Law are three systems/documents that played a huge role in shaping the current Canadian laws and the current Canadian legal