FSAL History Flashcards
what kind of legal system does SA have
a hybrid legal system
what two main traditions is SA Legal system based on
- ius commune
2. English law
what is an uncodified legal system
laws that make up the legal system aren’t contained in a single collection of laws, and are found in numerous sources.
Period of the Kings
753BC – 501BC
- elected king ruled Rome
- specific formula to enforce specific rights, to obtain a remedy
- laws solution to a legal problem, such as a punishment
Roman Republic
510BC – 72BC
- Two annually elected consuls, or heads of state, would rule Rome
- Magistrates ( Praetors) were responsible for the administration of the republic
- praetor would regulate legal proceedings and decide on the rules to resolve the dispute, as well as developing the edicts that had to be obeyed
- Roman law was first codified in the time of the Roman Republic.
what is the 12 tables
450 BC
- first codified roman law
- The Twelve Tables marks the start of the development of the law by jurists who interpreted the law
what is a jurist
person with a thorough understanding of the law
The Principate
27BC – AD 284
- emperor, was the highest political position of the Roman Empire
- classical roman law
- main contributors were the jurists
- right to give legally binding opinions
- foundations of roman law
- jurists at the end had to use law through interpretation
The Dominate
AD 284 – AD 476
1. military dictatorship
Justinian’s Digest: The Corpus Iuris Civilis (The body of Civil law)
AD 528 – AD 534
- Justinian, a Roman emperor, attempted to restore the Roman Empire by codifying imperial legislation.
- Corpus Iuris Civilis, which means the body of the civil law.
what was the CIC made up of
Digesta
Codex
Insitutes
Novellae
what is digesta
a codification of classical Roman law principles contained in the work of the jurists.
institutes
a student textbook based on the work of a former jurist, which is a complete written
explanation of Roman law
Codex
codification of imperial legislation
Novellae
collection of legislation enacted after the publication of the Codex