Chapter 1 - roman law Flashcards
What are the 3 books of the Corpus juris civilis
- Codex
- Digests
- Institutes
What do the Codex, Digests and Institutes stand for
Codex = Book of legislation Digests = Digests of juristic writings Institutes = student training manual that summarized and organized the Digests
what are the Digests
Digest of juristic writings, the principal source of our knowledge of the classical period Roman law.
Who is Justinian
aka Byzantine Emperor Justinian I: he compiled the Corpus Juris Civilis, ruler of the eastern empire.
He felt himself called to the task of renewing the old glory of the Imperium Romanum
Who are the jursiconsults
Academics consulted in the compilation of the Corpus Juris Civilis, usually retired judges/praetors
Ulpian’s Regulae
Text by Ulpian that gave rise to the group of excerpts consisting of responsa and questions
Ulpian was the Roman jurist and imperial official whose writings supplied one-third of the total content of the Byzantine emperor Justinian I’s monumental Digest
What are the institutes of Gaius
It formed the official textbook for beginners in the study of law
What are the 12 tables
Set of laws inscribed on 12 bronze tablets in ancient rome (451, 450 BCE) negotiated by the Patricians and the plebians
what are the three strands
Law as reason
Law as expression
Law as social order
significance of 12 Tables to the 3 strands - law as order
Exemplifies law as a social order to enforce a pattern of behavior, constructing society to be in a certain way
Aristotle and his relation to the three strands?
Aristotle posited law as reason
In The Politics, “. “The law is reason free from passion…Man, when perfected, is the best of animals, but when separated from law and justice, he is the worst of all.””
Who is associated with the strand of Law as God’s Will
St Augustine
St Augustine’s influence?
Incorporated law into Christianity. His seminal work is City of God.
In this book, He contrasted a City of Man vs a City of God.
Laws help a City of Man progress to a City of God.
This process of enlightenment was what God had intended all along since he gave us free will but also punishes individuals who disobey him.
what is st thomas aquinas’ influence
ties the strands of divine law / eternal law, human law, natural law together
Book written by Aquinas
Summa Theologica
what is Eternal law
Law that is governed by God the Ruler, the divine reason’s conception of things
what is natural law
a rational being’s participation in the eternal law. Aquinas posits that our ability to reason and our will is derived from NATURE.
Natural law intermediates between human law and eternal law.
what is human law
human laws are determinations devised from human reason based on the general and indemonstrable principles of natural law.
Examples of human law are the positive, civil laws that guide us towards the 7 basic goals of life: life, reproduction, education of one’s offspring, seeking god, living in society, avoiding offence, shun ignorance
how does aquinas tie the three strands together
through the idea of natural law: For humans, our every act of reason and will is derived naturally and thus according to nature.
Thus, reasoning that is based on natural principles means that reasons which direct our actions, inducing us to act in a certain way is in virtue of natural law
Natural law is OUR approximation of divine laws (which we cannot access fully because of our emotions and ignorance)
what are the 7 basic goods that human seek according to natural laws
natural law is our human approximation of divine law:
life, reproduction, education of one’s offspring, seeking god, living in society, avoiding offence, shun ignorance
living in society = (idea that humans crave affection and acceptance)
avoiding offense = (Aquinas said that we feel shame and guilt when we do things that shun our group from us)
