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Comparative legal systems > M2 T1 The Continental legal tradition: origin Roman Law > Flashcards

M2 T1 The Continental legal tradition: origin Roman Law Flashcards

1
Q

What is the basis of continental law?

A

Roman law

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2
Q

What are three reasons for legal unity in Western Europe?

A
  1. Shared judicial concepts
  2. Similarity of institutions
  3. Proximity in modes of reasoning
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3
Q

Under what influence did most European live during the Roman Empire?

A

Roman civilization and Roman law

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4
Q

The Roman Empire was the first civilization to turn law into….

A

juridical science

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5
Q

What are the three stages of development in the history of Rome?

A
  1. Archaic era
  2. The Republic
  3. The Empire
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6
Q

Characteristics of the Archaic era

A
  1. Priests held the monopoly on the law
  2. Usage and customs were the basis of legal activity
  3. Law was a collection of rules with solutions for particular cases. There were no legal connections
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7
Q

Characteristics of The Republic

A
  1. Legal activities passed to laymen and included new topics
  2. Jurisprudence was a major source of law
  3. Minimal legislative intervention by the state.
  4. Development of empirical law made up of ad-hoc rules with individual solutions for each dispute.
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8
Q

what are laymen?

A
  1. Non-ordained member of a church

2. Person without specialized knowledge in a particular subject

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9
Q

Characteristics of The Empire

A
  1. The number of ad-hoc provisions produced confusion and disorder
  2. Expansion of the Roman power to the Mediterranean increased litigation and matters to be regulated
  3. Romans proposed to systematize the multitude of particular regulations after the influence of Greek culture on grammar, logic, and geometry
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10
Q

three steps in the process of systematization

A
  1. Analysis of cases and solutions
  2. Establishment of relationships. Formulation of classification.
  3. Extraction of general and abstract principles.
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11
Q

What did the systematization of Roman law result in?

A

The creation of organized, precise, and rigorous law.

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12
Q

Two examples of systematization of the Roman law

A
  1. The study of different contracts was accumulated into one General Theory of Contracts
  2. The various relations between a person and a thing became the law of property.
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13
Q

The division of the Roma Empire 293 AD

A

Diocletian established the Tetrarchy by dividing it into the East and West governed by Augustuses and two subordinates called Caesars.

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14
Q

the Roma Empire 326 AD

A

Constantin restores the single Empire

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15
Q

The division of the Roma Empire 395 AD

A

Theodosius shared the empire between his two sons. West and East remain separate.

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16
Q

What legal developments happened under Emperor Justinian in the Eastern Empire in the 6th Century AD?

A

A juridical commission was tasked to compile the whole Roman law created up until then and to use this to create a unitary codex of laws that reflected the juridical reality of the time.

Make law practical and accessible.

17
Q

What are two fundamental ideas to the importance of the unitary codex of laws under Emperor Justinian in the development of the continental law?

A
  1. One single work collecting Justinian, Roman law and jurisprudence
  2. The Discovery of Corpus Iuris Civilis five centuries later in Western Europe enabled the construction of a Iuris Commune
18
Q

What did the Discovery of the Corpus Iuris Civilis enable?

A

The construction of an Iuris Commune: a common basis for the establishment of continental legal science

19
Q

The Corpus Iuris Civilis consists of:

A

A codex: 12 books with imperial laws know as constitutions

A Digesta: 50 books with main fragments of the main classical Roman Jurist.

Institutiones: 4 textbooks for students of law.

Novellae: New imperial law issued between 529 AD and 565 AD.

20
Q

Is the Corpus a unitary work?

A

No. The 4 books are distinguishable

21
Q

When was the Corpus rediscovered and given its name?

A

11th century

22
Q

The Corpus is known to be the…

A

greatest legal document in all history

23
Q

What was the Basilikâ?

A

The resulting work of emperor Leo VI in the Byzantine empire that replaced the Corpus.

24
Q

What reorganization took place in the Byzantine empire under emperor Leo VI?

A

Adaptation of Justinian Roman law to fit legal circumstances of the time. Books of the Corpus were rearranged, simplified, and translated to Greek.

25
Q

To where did the Basilikâ spread?

A

Russia, Balkans, lands further than the Caucasus and Arab people of Eastern Mediterranean until the fall of Constantinople

26
Q

What law was stratified over Byzantine law after the fall of Constantinople?

A

Islamic law, and returned to the continental legal tradition in the end of the 19th century

27
Q

To whom did the Western Roman Empire fell in 476 AD?

A

Germanic tribes

28
Q

What happened to the law of the fallen Western Roman Empire?

A

The conquered people remained under Roman Law, but the fall of the important institutions deteriorated the system. Medieval jurists simplified the Roman legal concepts.

29
Q

What happened to the Roman law of properties in the western Roman empire after its fall?

A

It was simplified to a general concept of the enjoyment of property.

30
Q

What was the Principle of the personality of law during the cohabitation between the Romans and the Germanics?

A

Each person was a subject to the law governing his/her community irrespective of territory

31
Q

Which two legal systems coexisted in Hispania in 412 AD?

A
  1. Roman Law

2. Undeveloped Germanic Customs

32
Q

What laws were developed under the promulgation of a summary of laws applicable to inhabitants of the Visigoth territory in 506 AD?

A
  1. Lex Romana Wisigothum (Roman Law-conquered population)

2. Lex Barbarum: (Roman law. conquering population of Germanic origin.)

33
Q

What did the Lex Romana Wisigothum, also known as Breviary of Alaric, represent?

A

The only codifying enterprise of the time. It spread across Europe.

34
Q

What is considered the Western Corpus Iuris Civilis due to its value in the continuation of Roman Law?

A

Lex Romana Wisigothum

35
Q

What succeeded the principle of personality?

A

Principle of territoriality of laws- Sole body of laws governing a given territory

36
Q

What replaced Lex Romana Wisigothum and Lex Barbarum in 554 AD as a codex of laws applied in the Iberian Peninsula during the Reign of Visigoths?

A

Lex Wisigothorum (Fuera Juzgo/Liber Iudiciorum)

37
Q

What are the two bodies of law that we saw evolved in the Eastern Roman Empire?

A
  1. Corpus Iusir Civilis

2. Basilikâ

38
Q

What are the two bodies of law that we saw evolved in the Western Roman Empire?

A
  1. Lex Romana Wisigothum (Breviary of Alaric)

2. Lex Wisigothorum (Fuera Juzgo)

Comparative legal systems (25 decks)

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