Inquiry

Democracy and Rule of Law


Consider the following questions during your inquiry:

  • When was the first written law?
  • How have laws changed over time?
  • Why do we have the laws we have today?
  • What is the rule of law?
  • How do laws allow people to participate fairly?


Brief History of Written Rules


The first written laws known to us come from Babylon (Iraq). In 1754 B.C.E, Hammurabi, a Babylonian king wrote down twelve tablets of laws for his people so that everyone would know the rules. These rules were based on the ideas of the king. The king was always right. 

Around 1300 BCE, the Decalogue (10 Commandments) inscribed by Moses, focussed on the heart or reason for keeping the law. Morals, human conscience and law come from the character of an unchanging Supreme Ruler above humans.  This is why laws can be summed up with the words love and respect. For example, the Golden Rule is to treat others as you want to be treated. 

Other famous lawgivers you will learn about this year are:

  • Athenian Law Givers (Unit 3)
    • Draco and Solon

  • Pre-Canadian Law Givers Who Influenced Canadian Law (Unit 2)
    • Justinian of Constantinople   
    • Alfred the Great   
    • Stephen Langdon, Robert Fitzwalter and King John of England (Magna Carta)
    • Simon De Montfort

    • John Locke (1632-1704), philosopher
    • William Blackstone (1765 CE), British lawgiver. Blackstone argued human laws are like scientific laws. Just as there are laws of gravity and temperature, there are laws of nature and of nations. All humans have โ€œinalienableโ€ rights such as the right to own things (property). If a law doesnโ€™t make sense, it is an unfair law because the law does not serve the common good, or what is in the best interests of everyone. If a law is unfair, people can agree to change the law. The process of how to change a law is discussed in Units 5-8.

  • Iroquois Law Givers (Unit 4) 
    • Hiawatha 
  • Canadian Law Givers (Units 2, 7)
    • Pierre Trudeau and the Canadian Charter of Rights and Freedoms 
    • Le Grand Paix de Montreal