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Early Codes

• Babylonian and Sumerian Codes


• Roman and Greek Codes
• The Burgundian Code
1. Babylonian and Sumerian Codes

a. Code of King Hammurabi (Hammurabic


Code) – Babylon, about 1990 BC, this was
credited as the oldest code prescribing
savage punishment, but in fact, Sumerian
codes were nearly one hundred years older.
2. Roman and Greek Codes

a. Justinian Code– 6th C A.D. , Emperor Justinian


of Rome wrote his code of law. An effort to match a
desirable amount of punishment to all possible
crimes. However, the law did not survive due to the
fall of the Roman Empire but left a foundation of
Western legal codes.
The Twelve Tables (XII Tabulae), (451-450 BC) –
This represented the earliest codification of
Roman law incorporated into the Justinian Code.
It is the foundation of all public and private law
of the Romans until the time of Justinian. It is
also a collection of legal principles engraved on
metal tablets and set up on the forum.
b. Greek Code of Draco – In Greece, the Code
of Draco, a harsh code that provides the same
punishment for both citizens and the slaves as
it incorporates primitive concepts (Vengeance,
Blood Feuds). The Greeks were the first society
to allow any citizen to prosecute the offender in
the name of the injured party.
3. The Burgundian Code (500 A.D) – This
has specified punishment according to the
social class of offenders, dividing them into:
nobles, middle class and lower class and
specifying the value of the life of each person
according to social status.
Early Codes (Philippine Setting)

Eventually, the Spanish Civil Code became effective in the


Philippines on December 7, 1889, the “Conquistadores” and the
“Kodigo Penal” (The Revised Penal Code today, 1930) was introduced
by the Spaniards promulgated by the King of Spain. Basically, these
laws adopted the Roman Law principles (Coquia, Principles of Roman
Law, 1996).
Mostly tribal traditions, customs and practices influenced laws during
the Pre-Spanish Philippines. There were also laws that were written
which include:
a. The Code of Kalantiao (promulgated in
1433) – the most extensive and severe law
that prescribes harsh punishment.

b. The Maragtas Code (by Datu Sumakwel)

c. Sikatuna Law

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