1. THE HISTORICAL DEVELOPMENT OF LAW
UNIT 4
THE HISTORICAL DEVELOPMENT OF LAW

2. 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

3. 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?

4. 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

5. 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

6. 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, __________________________________________

7. 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

8. 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.