History

Question 1

What are natural lawyers

Answer 1

When mentioning natural lawyers, wacks means those who follow a system of law based on universal moral principles in accordance with nature (for example, no abortion and no adultery), this view dates back to ancient Greece.

Question 2

Legal positivists?

Answer 2

believe law isnothng more than a correction of formally valid rules, commands and norms that may lack any moral contact

Question 3

What is the Code of Hammurabi?

Answer 3

It is the first code that is considered as a legal landmak,

Question 4

can we date code of hammurabi?

Answer 4

yes back to 1760 BC, during the rign of the King of babylonian empire

Question 5

In its original version Is it a Code written on paper?

Answer 5

No, it was engravated on black stone slba?

Question 6

Is it true that Wacks speaks of an identifiable “Policy” in this Code?

Answer 6

code of hammurabi was a very early example of strict liability, as the code is almost entirely devoid of defences or excuses

Question 7

5) Which important Principle of law is this Code an example of and why?

Answer 7

principle of publicity says no one is responsible to obey a lw they have not been able t take cognizance of.
By wiritng on stone, everyone could be aware of rules.
A LAW THAT IS NOT PUBLICLY ACCESSIBLE BEFORE HAD SHALL NOT BE HELD AGAINS A PERSON

Question 8

why was principle of pulicity established?

Answer 8

to fight the previous means to let the law be known- word of mouth/custom, which could be dangerous whn it comes to interpretationa nd possible distortion of the rules.

Question 9

3. Identify the disadvantages and shortcomings of Custom as opposed to Written law, as identified by Wacks

Answer 9

custom relies on word of mouth and traition to be passed down from generation to generation, retarding the capacity of rules to provide lasting and extensive application. It might not be alble to reach beyonde the samll group that is involved

Question 10

why are coded important?

Answer 10

because they give us access to the law firsthand

Question 11

4. Put the following Codes/episodes into chronological Order, and identify the relevant dates: The BGB, the Code Napoleon, The Code of Hammurabi, The Corpus Juris Civilis, the Heinrich Case

Answer 11

Code of Hammurabi 1760BC; The Corpus Juris Civilis 529-534

Napoleonic Code 1804; the BGB 1900; the Heinrich Case 2009

Question 12

5. 1)Which of these Codes ( q4) albeit considered to be an effort in global Organization of the existing Law and doctrine (commentaries) still turned out to be hopelessly “unwieldy”?

Answer 12

corpus juris civilis

Question 13

why CJC was unwieldy?

Answer 13

The sophistication + proliferation of authors made the output hopelessly unwieldy (very difficult to consult/manage)

This called for a systematic comprehensive codification CORPUS JURIS CIVILIS (Digest/Codes/Institutes) 1,000,000 words