Political Science Legal Studies 217

Similar documents
COURSE DESCRIPTION Comparative Law. Description

Comparative Law II. The Common / Civil Law Divide. Unit 2: History of Common Law and Civil Law

The German BGB. 10 November Comparative Legal Systems University of Florence, School of Law

Comparative law Slide handout 1

FOUNDATIONS OF LAW SUMMARY

Balance of Power. Balance of Power, theory and policy of international relations that asserts that the most effective

Questions replaced by the maps and timelines on the following pages. (These are major events, take your time and really make sure you understand)

INTRODUCTION / FOUNDATIONS OF LAW SUMMARY

INTRODUCTION TO NZ LEGAL SYSTEMS SUMMARY 2011

Test Blueprint. Course Name: World History Florida DOE Number: Grade Level: 9-12 Content Area: Social Studies. Moderate Complexity.

PETERS TOWNSHIP HIGH SCHOOL

Key Terms. Franco-Prussian War. The Second Reich Otto Von Bismarck Junker Blood & Iron Realpolitik. War with Denmark War with Austria

B. Directions: Use the words from the sentences to fill in the words in this puzzle. The letters in the box reading down name a part of nationalism.

FOUNDATIONS OF LAW SUMMARY

Nationalism movement wanted to: UNIFICATION: peoples of common culture from different states were joined together

Europe Faces Revolution

Judeo-Christian and Greco-Roman Perspectives

Aconsideration of the sources of law in a legal

3d Lesson: The origins of the Western Legal system (I ) The normative dimension in Roman Law

Reading Essentials and Study Guide

The Historical Evolution of International Relations

Italian and German Unification

World History and Civilizations

The Road to World War One

The Road to World War One

Outline for a Sociology of translation: Current issues and future prospects

APEH Comprehensive Review Study Guide Part 2

Grade Level: 9-12 Course#: 1548 Length: Full Year Credits: 2 Diploma: Core 40, Academic Honors, Technical Honors Prerequisite: None

Bentley Chapter 28 Study Guide: Revolutions and National States in the Atlantic World

Reading Essentials and Study Guide

Introduction to Law Second Edition

UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Level 3 Pre-U Certificate Principal Subject

Chapter 8: Nationalist Revolutions Sweep the West,

Absolutism. Absolutism, political system in which there is no legal, customary, or moral limit on the government s

FOUNDATIONS OF LAW SUMMARY

WORLD HISTORY Curriculum Map

From 1789 to 1804, France experienced revolutionary changes that transformed France from an absolute monarchy to a republic to an empire

Compare historical periods in terms of differing political, social, religious, and economic issues

24.3 Nationalism. Nationalism contributes to the formation of two new nations and a new political order in Europe

English for Lawyers and Law Students

AP European History. -Russian politics and the liberalist movement -parallel developments in. Thursday, August 21, 2003 Page 1 of 21

What is nationalism? What impact can it have? Objective: Explain what nationalism is and what effect it can have on individuals and on society.

Nationalism. Chapter 8

The Three Most Important Features of My Country South Africa's Legal System that Others Should Understand *

Comparative Legal Linguistics

Unit 5 Chapter Test. World History: Patterns of Interaction Grade 10 McDougal Littell NAME. Main Ideas Choose the letter of the best answer.

Clash of Philosophies: 11/10/2010

MODERN EUROPEAN HISTORY 41

World History Unit 12 Lesson 1 The Congress of Vienna

World History I (Master) Content Skills Learning Targets Assessment Resources & Technology CEQ: features of early. civilizations.

Nationalist Revolutions Sweep the West,

History (HIST) History (HIST) 1

CHAPTER 23 The Emergence of Industrial Society in the West,

EUROPEAN NATIONALISM. Mid 19 th Century

Collection Development Policy

Reading Essentials and Study Guide

All societies, large and small, develop some form of government.

Background Information

The Sultztonian Institute. World History End Of Course Exam Review

COMPARATIVE LAW TABLES REGARDING CONSTITUTIONAL LAWS IN EUROPE AND LATIN AMERICA. EUROPE (Chronological Order)

IMAGE OF POPE FRANCIS

Research Guide: One L Dictionary

FOREWORD LEGAL TRADITIONS. A CRITICAL APPRAISAL

World History Chapter 24

Ancient World Timelines World History Through the Renaissance Middle Ages Timelines Before the Renaissance Empires in Africa such as Ghana, Mali, and

Two Views on Government

Content Statement/Learning Goal:

DEMOCRATS DIGEST. A Monthly Newsletter of the Conference of Young Nigerian Democrats. Inside this Issue:

Name: Global 10 Section. Global Regents Pack #10. Turning Points

When the Roman Empire divided, Greece and the rest of the eastern half was called the what?

How many students study abroad and where do they go?

A. True or False Where the statement is true, mark T. Where it is false, mark F, and correct it in the space immediately below.

12. Which foreign religious tradition was absorbed into China during the classical period? A) Hinduism B) The Isis cult C) Buddhism D) Christianity

World Interactions to 1450 and Beyond: The Age of Exploration

Subject Profile: History

AP World History (Povletich) CHAPTER 29 OUTLINE Revolution and National States in the Atlantic World

UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS Cambridge International Level 3 Pre-U Certificate Principal Subject

AP European History, Unit 3: Part I: The Isms: Conservative Order and the Challenges of Reform, Period 3,

TABLE OF CONTENTS UNIT 1 LONG AGO

History Higher level Paper 3 history of Europe

HIS 112 World Civilization II

LEX SPORTIVA AND LEX MERCATORIA

Bachelor of Arts in History 48 Units

A Global View of Entrepreneurship Global Entrepreneurship Monitor 2012

TEKS 8C: Calculate percent composition and empirical and molecular formulas. The Age of Napoleon

Victoria A City in Capital Regional District

In the last section, you read about revolutions and reform in western Europe. In this section, you will learn about nationalism.

The Age of Ideologies: Europe in the Aftermath of the Revolution,

HISTORY (HIST) Department of History Course Descriptions

Mapping physical therapy research

WORLDWIDE DISTRIBUTION OF PRIVATE FINANCIAL ASSETS

World History SGM Review Ch 1+2 Review Ch 5 Review Ch 6 Review Multiple Choice

(What would you buy if you won the lottery?) What will move Kings and Queens from Monarchy to Absolute Monarchy?

Delegation and Legitimacy. Karol Soltan University of Maryland Revised

Atlantic Revolutions. Early 18 th Century Liberal Revolutions in America, France,Haiti, Mexico, Colombia, and Brazil

Setting the Stage Intro: What were two causes of revolution in France in the 1780s & 1790s? 1.

IMMIGRATION. Gallup International Association opinion poll in 69 countries across the globe. November-December 2015

Inquisitorial Legal Systems: France and Germany

North South University

China s Aid Approaches in the Changing International Aid Architecture

Transcription:

Political Science Legal Studies 217 The Civil Law Tradition Antecedents Law in ancient Greece Roman law Development of Roman empire Twelve Tablets Institutionalization of law Institutionalization Rationalization of content Create boundaries between what is and is not law Create categories to allow for internal differentiation Allow for increasing complexity Rationalization of process of change Enhance predictability Facilitate continuity

Roman Law: Classical Period Classical period: 100 BCE to 250 CE Focus on elaboration and classification of law Treatises Focus on cases Development of categories Persons Things Actions The Justinian Code Decline of Roman Empire Emperor Justinian Justinian Code ( (Corpus Juris Civilis) Digest Code Institutes (student manual) Novels (supplemental compilations) Received little attention when published Rediscovery of Justinian Code Justinian Code largely unnoticed, from 600-1050 Roman law still extant, but references were to barbarian codes Roman law still applied to Gallo-Roman peoples under rule of Germanic conquerers Personal principle vs. territorial principle Justinian Code rediscovered in late 11 th Century Italian universities started faculties of law Digests in particular came into some prominence

Increasing Prominence of Roman Law Through late middle ages, law became an autonomous subject of study in universities Roman law texts were main sources Competed with Common Law in England for dominance Scholars sought to reconcile Roman law principles and canon law principles Customary Law and Roman Law 13 th Century attempts to codify local customary law Roman law provided organizing categories and principles Included attempts to codify English common and local law Attempts continued into the 15 th century and beyond Reception of Roman Law Development of nation states Second half of 16 th Century (1550-1600) 1600) Codification of local law was insufficient Need for law that could be applied nationally No other country had developed anything equivalent to English Common Law Roman Law was a ready-made solution

Civil Law in England Dominance of Roman/Civil Law on Continent Problem of Admiralty and international trade Started as Common Law but moved toward Civil/Roman Law Admiralty Courts as Civil/Roman Law Courts Doctors Commons and Universities Jus commune Justinian Code as basis of a common law of Europe Common not in the sense of judge-made Latin served as a common language of scholars Holy Roman Empire and local customs Adopted by some local rulers Role declined with rise of nation-states Codification Movement 18 th Century Enlightenment Movement Political context Economic context Goals of codification Commit to writing existing law in clear and systematic order Replace outmoded rules with modern law suited to contemporary needs Earliest codification efforts in Prussia and Austria (mid 1750s)

Codification in France Initial efforts in wake of French Revolution Rejection of drafts by constituent assembly in 1790s Napoleon seized power in 1799 Four man commission appointed to draft code Drew heavily on work of French magistrate who had sought to codify functioning customary and Roman Law French Civil Code Napoleonic Code/Code Napoleon Published in 1804 Elegantly written in style accessible to the ordinary citizen Three books Persons Things Ownership and Modification of Ownership German Civil Code Highly detailed Prussian Civil Code promulgated in 1794 German legal science Through much of 19 th century Pandectist School German unification under Bismarck (1871) Need for a common German Civil Code Bürgerliches Gesetzbuch (BGB) completed in 1896 and promulgated in 1900

Bürgerliches Gesetzbuch General Part Rules common to all legal transactions Legal capacity of persons Obligations Things Family law Succession Exporting Codes French Code Belgium Netherlands Spain Latin America French Africa Southeast Asia Oceania French Caribbean Germany Central Europe Eastern Europe Italy Greece Japan Portugal Brazil Categories of Law in the Civil System Public Law Private Law

Public Law Historically the preserve of the sovereign Administrative law Traditional courts stayed out Separate courts in some countries Conseil d'etat (Council of State) Typically uncodified except for penal (criminal) law and areas such as tax law Civil law Law of persons Family law Marital property law Property law Succession law Law of obligations Private Law Commercial law Law merchant/ Lex Mercatoria Labor law Sources of Law Primary sources Enacted law Customary law Secondary sources or authorities Case law Writings of legal scholars Assist jurists in interpretation but do not bind jurists Helps increase consistency (treat like cases alike)

Distinguishing Features of Civil Law Focus on codes Supremacy of legislature Codes exist in Common Law Some civil law countries lack code Working from general principles rather than specific situations Emphasis on certainty in law More important than equity Judge as civil servant Legal decision making as technical Common law judge as wise men