the Corpus Iulis Civilis and the development of the learned law

Question 1

What is the importance of Roman law?

Answer 1

1. It’s common basis of the continental European legal cultures->backbone of the Western legfal thinking a general approach to all of legal problems

Question 2

What did Roman Legal scholars do? Were they lawyers in the strict sense of the word?

Answer 2

1. Roman law was primarly jurisprudential law->no lawyers in modern sence of the world->all legal sholars were called jurists
2. Jurists wrote legal opinions (such as consilia (demand of a party), responsa (demand of the praetor)
3. the first legal exspterts were priests, later on ecilar nobles thta showed interets to the legal study
4. praetor- admits case to court, develop law based on the legal opinions
5. judges were as a rule not legally trained, decide cases. Jurisprudential law was case law.

Question 3

What Roman law schools do you know?

Answer 3

1. 1th-3th century AD is a classical age of the Roman law-> connected with 2 schools of the Sabinians and Proculians. 2th cenruty peack of the development
2. in the Eastern Roman Empire the classical Roman law revived in the 5th century
3. Berytus (Beirut)-mother of law

Question 4

what is corpus iuris civilis and what are the subparts of it?

Answer 4

1. It’s compiliation of the law that was comprehensevly documentated under the Emperor Iustinian I
2. The most important parts of it are:
   -Codex (Constitutiones)- collection of imoerial laws
   -First part-Digest (Pandects)-colelction of writing by classical jurists, that were interpolated and published in 533
   -second part- Institutiones-textbook-helped to understand the Digests
   -Novellae- New Laws taht were later ennacted by the Emepror. They are legal issues that emerged on the later period of developments of Roman Law that gighlights their importance from the modern perspective. Were collected by privat individuals

Question 5

Why are the Digests and the Institutiones considered important for today’s European legal culture?

Answer 5

1. Diegst remains a central referene for concepts like obligations, contracts, property rights, and liability, which are core areas in contemporary civil law->embeded into the codes that shape much of today’s civil law systems (like the German Civil Code or French Code Civil)
2. The Institutiones was designed as a teaching manual and has influenced the way legal principles are taught in European law schools even today

Question 6

Who were glossators and commentators? What methods did they use

Answer 6

1. The main focus if the law schools in Middle ages was on Scholastic method (grammatical and logical interpretation, harmonization of the opposites)
2. explanations of words, but occasionally they also had longer explanations as well as notes on parallel passages and explanations why other fragments were only seemingly contradictory->Franciscus Accirius summarized for all parts of the Corpus Iuris Civilis→Glossa ordinaria
3. After Franciscus tehre was no glossators but commentators->were practically oriented, dealt with the surviving parts of the CIC more freely and came to theit own conclusions→first step towards the development of the concept of contrcat of laws

Question 7

Give an overview of the
development of Greek law from 533 to the 20th century

Answer 7

1. Novellae are written in Greek-basis of the Imperial books (Basilica)=new versions of byzantine law 10th century
2. 15th century-Hexabiblos (six books)-simplified version of Basilica->survived the Turkish rile/ Ottoman Empire and was incorporated in today’s Greek civil code (1946)

Question 8

Explain the term leges barbarorum

Answer 8

1. It’s a fusion of Germanic customary law, catholicism and ancient Roman cultures-> it was more and more simplified which led legal
   historians of the 19th century to the name “vulgar law
2. This all was in written form-> the first who made it were Visigoths (southern France, Spain )-Edictum Theodorici and Codex Euricianus.

Question 9

What legal writing were sagnificant for the area of present-day Austria?

Answer 9

1. the legal records of the Alemanni (Lex Allomannorum)
2. of Bavarians (Lex Bauvariurum)

Question 10

What was the Sachsenspiegel? Who was its author? Did it have an impact on European law?

Answer 10

1. Sachsenspiegel was a compliation (a mirror ) of Saxon customary law. The author was Eike von Repgow
2. It was devided into two sections: land law and feudal law and mostly dealt with private, criminal, procedural and constitutional law, reflecting the law of Saxony’s peasant. It had great imoact not only for Saxony but also for other parta of Europe spreading from the Nitherlenda to modern Ukraine

Question 11

What is meant by IUS COMMUNE and IUS PARTICULARE

Answer 11

1. IUS COMMUNE=genral law, meaning the learned laws ie Roman and canon law until the 17th century. BUT after the 18th century the terms also used fpr combination of roman and local laws
2. IUS PARTICULARE= local, domestic laws.

Question 12

What does subsidiary validity of IUS COMMUNE mean?

Answer 12

When the existence of a contrary local custom (ius particulara) could not be proven, the Roman Law was subsidiary applied.

Question 13

What was Imperial Chamber Court and what role did it play in the development of ius commune and ius particulae?

Answer 13

1. Imperial Chamber Court-supreme court of the Holy Roman Empire for civil and public law established in 1495 by Emperor Maximilian I. It served as a central judicial institution for resolving disputes among the Empire’s various territories and subjects.
2. The Imperial Chamber Court relied heavily on the ius commune to provide a consistent foundation for its judgments-conflict-proceding of teh ius commune-fostering a degree of uniformity and predictability in the legal system.
3. In its decisions, the court often sought to balance the ius particulare with ius commune-legal practice of the laws
4. half of the memebers were to be doctors of Roman law->after 1548 legal training for all members became mandatory

Question 14

What was the Lotharian legend?

Answer 14

1. It’s a historical myth associated with the Emperor Lothair III and was pronarly used to justify imperial supremacy and authority over territories within the empire
   2.The Corpus Iuris Civilis offered a collection of Roman legal principles that emphasized the centrality and supremacy of the emperor in the Roman legal system. Emperors in the Holy Roman Empire saw themselves as the successors to the Roman emperors, and they often invoked the Corpus Iuris Civilis as evidence of their legitimate authority->Rumor that Lothar III had reencted the CIC in 1137 ->proven incorrect by Herman Conring in 1643.

Question 15

What is legistics?

Answer 15

It’s study of secualr law. The most important role in the development playes law schools in Pavia and Bologna

Question 16

What is reception? Describe the processof reception and its injfluence of the development of legal study

Answer 16

1. Reception was pan-European process that began in the 13th century and described the transfer of the results of legistics on the practise->gave rise to the pan-European law-ius commune.
2. It was gradual process-the graduates from the legal schools were employed in the judiciary, wehere they could apply all they knowladge about roman amn canon law (ius commune)-the process first began at the ecclesiastical courts.
3. The need of university-trained lawyers influecned the spred of the study of Roman law in other parts of Europe. Before that they should have treveled to Italy of France to study it

Question 17

What to you know about municipal and land law “reformations”?

Answer 17

1. academisation of legal practice->extensive legislative activity at the municipal and land levels.
2. on the main cencerns of the early modern period was reformatiom->re-establishmemt of the old state of affairs->legislation (concious and deliarate creation of the norms by an organ of the state)
3. lesislation as a newly emerged method of norm-creation
4. towns played pioneering role->recieved new reformed municipal laws
5. Land Ordinance of 1526 which regulated matters of private law, essentiallu adopted the customary law and did not include subsidiary applicability of ius commune.

Question 18

What were policeyordungen?

Answer 18

1. Policeyordungen or policey ordinances covered mainly matters of public law (building law) but also some ariase of private law (certain aspects of labour law)
2. On contracst to codofications they did not regulate the respective areas in a comprehencive as exhaustive manner. They concern on the individual aspects. The penalties were not precisly determened

Question 19

What is gute policey?

Answer 19

1. In eng translation good policy or good government. Refers to a set of governmental regulations and ordinances enacted in the Holy Roman Empire during the early modern period, particularly between the 16th and 18th centuries. These regulations aimed to maintain public order, morality, and general welfare, with a focus on aspects of daily life including public health, economic stability, social behavior, and urban management.
2. As a rule such ordinances included regulations of such matters as economic regulation (regulated trade and ensured equality of goods ans services), moral order, public safety and health(regulated production of goods), urban and rural management.

Question 20

How could you define humanism ans its influence of the legal thinking?

Answer 20

1. In the early modern era, jurosprudence recieved additioanl impulses from the intelectual current of humanism. New approach had its orogins in France->mos gallicus.
2. Southarn France (geograpgical location, closer trade with Italy, wheares Nothern part was deudalised)-unbroken Roman legal tradition->could only justify validity of CIC imperio rationis.
3. rediscovery of antiquitu typical of the early modern period. When representatives of mos italicus relied only on the glossa ordinaria, mos gallicis-direct contact with classical roman law->CIC was veis as historically evolved product rather then ratio scripta->phylological and historical methods.

Question 21

What the usus modernus pandectarum refers to?

Answer 21

1. Contemporary practise of Roman law-> It is a current of legal thinking that produced a hybrid of ius commune and customary law, whch was given different names in different parts of the world.
2. The newly legal doctrine was developed by Saxon jurists, such as Samuel Stryk->book Usus modernus pandectarum
3. practical application of ius commune

Question 22

What about the Dutch schools of jurisprudence?

Answer 22

The Dutch school of jurisprudence was influenced by both the mos gallicus and the usus modernus. Hugo GROTIUS combined Dutch iura particularia with ius commune in one of his books. This Dutch-Roman law spread also in the Dutch colonies, and still today is relevant in South Africa

Question 23

What were the Weistümer?

Answer 23

1. the statements of by knowladgeable persons about the applicability of customary law->were with a trial-like formality->conditions under ehich they re produced remain unclear
2. were of great importance especially for the rural lex familiae
3. attempts were made to unify law of differemt manors under the same lord->foundation of Weistum families.

Question 24

What did seven liberal arts include

Answer 24

1. trivium-grammar, rhetoric, dialectic (logic)
2. quadrivium-arithmetic, geometry, astrology and music

Question 25

What is canonistics

Answer 25

1. Study of church law
2. Important element fwas the collection of the Texts collected by the monk Gratin “Decretum Gratiani”; together with otehr sources it became part of the Corpus Iuris Canonici 1582
3. 12th-13th=>prolific law-making
4. 1582 Pope Gregory XIII merged the Decretum Gratiani with collection of decretals and promulgated it as the Corpis Iuris Canonici-> remained the cenral sources of canon law until 20th century.