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LEGAL HISTORY. IMPORTANCE  Evolution of law and its changes  Claims of “civilisation”  Reflection of the history of society.

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Presentation on theme: "LEGAL HISTORY. IMPORTANCE  Evolution of law and its changes  Claims of “civilisation”  Reflection of the history of society."— Presentation transcript:

1 LEGAL HISTORY

2 IMPORTANCE  Evolution of law and its changes  Claims of “civilisation”  Reflection of the history of society

3 ANCIENT CIVILISATION

4 SUMER  The code of Ur-nammu  Crime and punishment  Remarkably advanced because of the concept of monetary compensation

5 BABYLON  Code of Hammurabi  Lex talionis = an eye for an eye, a tooth for a tooth  Scaled punishment according to social status  Contract, liability, inheritance, divorce, slavery  Presumption of innocence

6 ROMAN  Influenced by Greeks  No professional judge  Twelve tables  Private law  Civil procedure

7  Justinian code = Corpus juris civilis  A selection of the empire law  Private and public law

8 HISTORICAL IMPORTANCE OF ROMAN LAW  The Use of Latin  Stare decisis  Pacta sunt servanda  Basis for legal practice in Western Europe and its colonies

9 MIDDLE AGES

10 RENAISSANCE  Rediscovery of Roman law through the University of Bologna and partially formed modern civil law  Codification with detailed explanation  Rivalry with common law which spread with the Norman conquest of England

11  Hugo Grotius  International law  Society of states governed not by force but by actual laws and mutual agreements

12 MODERN

13 18 TH CENTURY  Napoleonic code  Reform of French legal system following the feudal period  4 categories: persons, property, acquisition of property, civil procedure  Adopted pan-European scope  Influential even with developing countries

14  BGB  Product of the process of civil law codification of the law of the states  Template for civil law jurisdictions in other countries: Japan, China  Four parts: law of obligations, property, family, succession

15 MODERN HISTORY  EU law  Ideals of integration  Treaty of Rome 1957 establishing the European Economic Community  Supremacy of the EU law

16 CHINA  Confucian  Emphasis on family and social harmony  Li = norm  Fa = statute

17  Official law  Emanated from the authority of the emperor  No separation of power  Unofficial law = custom  Inquisitorial system

18 INDIA  Traditional  Manusmriti  Philosophy of tolerance and pluralism  Sources of law include sacred text, custom, tradition

19  Colonial  Replaced by British common law  Maintained marriage, divorce, inheritance, caste system


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