THE HISTORICAL DEVELOPMENT OF LAW UNIT 4 THE HISTORICAL DEVELOPMENT OF LAW

Read the introductory paragraph Customary law and the first codifications, p. 25 - 26 Connect key terms and notes and produce sentences. CUSTOMS WRITTEN CODES PUNISHMENT DEFENCES LAW MAKING Arguments/evidence explaining the position of the defendant Hammurabi – Babylonian Empire – one of the earliest examples of a ruler proclaiming laws Solon – Athens – the authority to legislate Rules in the law regulating sanctions No written laws – problems of lasting application

The Roman law in Europe after c. 1088 AD, p. 26 - 27 Explain the role of the Roman law at European universities. What was the position of the canon law at European universities? What was the task of glossators / commentators?

Read the text p. 26 – 27 and complete the table. Period of time and its description The relevant document and its elements Involved persons, key change in the development Involved geographical area c. 450 BC, period of the classical Roman law The Law of the Twelve Tables (Roman customs + elements of Greek law / Ancient Rome 1st Century BC – 3rd century AD So-called classical jurists Gaius, Ulpian Writing of jurist  more sophisticated law Rome The fall of the Western Roman Empire The Byzantine Empire

National codifications, p National codifications, p. 27 Supply the features of the given examples of national codes. German example – BGB, 1900 not for a layperson - The Napoleonic Code of 1804 - clear for an average citizen - THE CONTEXT for the development of these codes: Nation states and their own natinal codes Codification of Justinian was replaced by several codes

Common law of England Complete the notes based on the text, p. 27 - common law opposed to local _______ laws strong centralized monarchy contributed to the early introduction of ___________ law 12th century bigger role of royal courts than _____ and ________ courts Roman law had a small influence because common law base on ________ created by courts was already well ______ from 1400 onwards codes and university-trained ________ less important for common law common law jurisdictions are present in England, the US, __________________________________________

Vocabulary work – translate the phrases application of law to proclaim law to inflict punishment the authority to legislate a code of laws development of Roman law codification of laws civil law ≠ canon/church law law syllabus to study/interpret law to comply with the law legal language to have / extend jurisdiction to be based on precedents to rely on codes common law jurisdictions

Part II – Historical English legal documents I. Study the meaning of the expression rule of the law … based on the passage of the text from a pettition in exercise II, p. 29 II. Analyse the rights and prohibitions from the Bill of Rights (1689) and decide which of them are still relevant. You are expectied to explain some examples.