POD Quiz 3 Flashcards
Why is it important for a civilization to have a comprehensive and clear set of laws?
Order and Stability
Without laws, society would be chaotic and unpredictable.
Laws help to define what is right and wrong.
Without laws that cover all aspects of life people could do things that are wrong and not be held accountable
Equality and Justice
Laws provide a standardized framework for treating everyone fairly and resolving problems.
Promotes Trust
A clear and fair legal system builds trust between citizens and their government, which is important for the long-term stability of a civilization.
Why was it important for Justinian to organize and simplify Roman law?
Clarity and Consistency
Organizing Roman law made it easier to understand and follow, ensuring that laws were clear and applied consistently throughout the empire.
There were too many confusing and outdated Roman laws, so Justinian wanted to consolidate them into one clear, organized system.
Unified Legal System
By simplifying the laws, Justinian created a unified legal code that brought order and fairness, reducing confusion and disputes caused by conflicting or outdated laws.
Legacy and Influence
This legal code became a foundation for future legal systems, influencing European law and justice for centuries after Justinian’s reign.
How did Justinian’s Code influence the Byzantine Empire and also legal systems for centuries to come?
Order and Consistency
Justinian’s Code brought order and consistency to the Byzantine Empire by creating a unified set of laws, making laws more efficient and fair.
Influence on European Legal Systems
The Code served as a model for European countries, inspiring legal scholars and influencing the development of modern legal principles, such as property rights, contracts, and individual rights (justice and equality).
Foundation for Civil Law
The law code was a major influence on the development of civil law in Europe, becoming the basis for legal systems in about 150 countries.
Comparing Common Law to Civil Law
Common Law
Originated in medieval England, in 1066.
Judges base their decisions on precedents (past decisions) set by previous judges
Proceedings are adversarial
(two sides going against one another)
About 30 countries that use a strictly common law system including the United States, Canada, England, and Australia
Civil Law
Originated in Roman law, based on Justinian’s Code (Corpus Juris Civilis- 540s CE) from the Byzantine Empire
Judges base their decisions by the laws set in legal codes
Proceedings are inquisitorial
(examining and investigating by asking questions)
About 150 countries use a civil law system making it the most widely adopted legal system in the world
How does the idea of ‘the punishment fitting the crime’ help ensure fairness in a legal system?
Fairness in Legal Systems
“The punishment fitting the crime” means that the punishment should match how serious the wrongdoing is. This helps keep things fair, but it’s important to find a balance. If punishments are too strict, they can cause anger or rebellion, but if they’re too light, they might not keep order.
Elevate to Exemplary: Go for the E!
To achieve an exemplary response, make sure to connect your ideas to current events, such as the ongoing border crisis and the rise of retail theft across the country. Consider how these issues might relate to the idea that when crime increases, it may suggest that the punishment doesn’t fit the crime. Use what you’ve learned from both history and current events to make connections about how laws can keep society safe.
What challenges might arise in making sure a legal system treats all individuals fairly?
Bias and Inequality
Laws may unintentionally favor certain groups.
Requires ongoing review to eliminate biases.
Interpretation and Enforcement
Laws can be interpreted or enforced inconsistently.
Unfair treatment may arise depending on law enforcement officials or location.
Accessibility
Legal systems are often so complex that the average person struggles to understand them.
This can make it difficult to ensure that everyone is treated equally under the law, as those with more money can hire experts like lawyers and accountants when others cannot.
Codified rules can become too complex and some people may struggle to understand them, making fair enforcement difficult.
Adaptability Over Time
Values in a society change, requiring laws to evolve.
Constant updates are necessary to maintain fairness.
