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Published byMarshall Parker Modified over 8 years ago
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LEGAL HISTORY
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IMPORTANCE Evolution of law and its changes Claims of “civilisation” Reflection of the history of society
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ANCIENT CIVILISATION
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SUMER The code of Ur-nammu Crime and punishment Remarkably advanced because of the concept of monetary compensation
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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
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ROMAN Influenced by Greeks No professional judge Twelve tables Private law Civil procedure
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Justinian code = Corpus juris civilis A selection of the empire law Private and public law
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HISTORICAL IMPORTANCE OF ROMAN LAW The Use of Latin Stare decisis Pacta sunt servanda Basis for legal practice in Western Europe and its colonies
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MIDDLE AGES
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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
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Hugo Grotius International law Society of states governed not by force but by actual laws and mutual agreements
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MODERN
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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
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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
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MODERN HISTORY EU law Ideals of integration Treaty of Rome 1957 establishing the European Economic Community Supremacy of the EU law
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CHINA Confucian Emphasis on family and social harmony Li = norm Fa = statute
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Official law Emanated from the authority of the emperor No separation of power Unofficial law = custom Inquisitorial system
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INDIA Traditional Manusmriti Philosophy of tolerance and pluralism Sources of law include sacred text, custom, tradition
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Colonial Replaced by British common law Maintained marriage, divorce, inheritance, caste system
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