Podcast
Questions and Answers
Which of the following factors contributed significantly to the movement for simplification and rationalization of law in Continental Europe?
Which of the following factors contributed significantly to the movement for simplification and rationalization of law in Continental Europe?
- The unification of Europe under a single sovereign legal authority.
- The increasing influence of local laws and customs.
- The expansion of judicial power and the creation of judge-made law.
- The decline of legal certainty due to multiple overlapping sources of law. (correct)
Which philosophical movement emphasized innate rights to property and liberty over laws set by a sovereign, influencing the development of civil law systems?
Which philosophical movement emphasized innate rights to property and liberty over laws set by a sovereign, influencing the development of civil law systems?
- Nationalism
- Liberalism
- Statualism
- Jusnaturalism (correct)
How did the historical development of Civil Law differ from that of Common Law?
How did the historical development of Civil Law differ from that of Common Law?
- Civil Law developed primarily through judicial decisions, whereas Common Law was based on parliamentary acts.
- Civil Law replaced all local laws, while Common Law coexisted with various regional legal systems.
- Civil Law experienced a discontinuity due to cultural and political movements, while Common Law maintained uninterrupted continuity. (correct)
- Civil Law was unaffected by Roman law, whereas Common Law was directly derived from it.
Which of the following reflects a central tenet of Statualism?
Which of the following reflects a central tenet of Statualism?
Why was there a distrust of judges in France's Ancien Régime, leading to the separation of powers?
Why was there a distrust of judges in France's Ancien Régime, leading to the separation of powers?
Which of the following is NOT a main area of law typically found in Civil Law countries?
Which of the following is NOT a main area of law typically found in Civil Law countries?
How did the concept of Nationalism influence legal systems in Continental Europe?
How did the concept of Nationalism influence legal systems in Continental Europe?
What distinguishes laws derived from acts of parliament in civil law systems from judge-made laws in common law systems?
What distinguishes laws derived from acts of parliament in civil law systems from judge-made laws in common law systems?
Which of the following is a key characteristic of Civil Law systems?
Which of the following is a key characteristic of Civil Law systems?
How did Liberalism influence the development of Civil Law?
How did Liberalism influence the development of Civil Law?
Flashcards
Civil Law
Civil Law
Legal system influenced by Roman law, used in most Continental European countries, featuring main codes like the Napoleonic and Germanic Codes.
Source of Civil Law
Source of Civil Law
Laws are primarily derived from acts of parliament rather than judicial decisions.
Legal Particularism
Legal Particularism
The existence of local laws, collections of customs, sovereign edicts, civil law rules, Canon law, and merchant & commerce laws in Continental Europe.
Jusnaturalism
Jusnaturalism
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Rationalism in Law
Rationalism in Law
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Liberalism
Liberalism
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Statualism
Statualism
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Nationalism in Law
Nationalism in Law
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Study Notes
- Civil Law is influenced by Roman law (Ius Commune AND canon law).
- It is used in most Continental European countries.
- The main codes are the Napoleonic Code & Germanic Code.
Main Areas of Law in Civil Law Countries
- Public law
- Civil Law (contracts & torts)
- Business law (corporate laws)
- Private law
- Administrative law
- Civil & commercial codes
Main Features
- Written laws are a primary feature.
- Laws originate from acts of parliament, not judicial decisions.
Historical Development
- Civil Law experienced a discontinuity due to the university revolution, legal humanism, and the creation of national codes.
- Common Law has had uninterrupted legal continuity since 1066.
- English Common Law hasn’t been subjected to radical changes
Historical Background
- Roman law was influential but did not replace local laws (Iura Propria).
- Common Law replaced all other local law systems in England.
- Continental Europe was characterized by legal particularism, with many sources of law.
- These sources included local laws, collections of customs (France), sovereign edicts, civil law rules, canon law, and merchant & commerce laws (lex mercatoria).
- The existence of numerous sources of law led to a decline in legal certainty in Continental Europe.
- This spurred a movement for the simplification & rationalization of the law, a political AND social revolution.
New Movements of Thought
- These movements concerned man, society, economy, and the state.
Philosophical Movements & Schools of Thought
- 17th - 18th Centuries: Jusnaturalism
- Natural/innate rights to property, liberty, etc., prevail over positive law.
- The sovereign does NOT have unlimited power.
- The state has a guaranteeing function: it must guarantee innate human rights.
- Constitutions were created to guarantee rights.
- Separation of powers emerged due to distrust of judges in France’s Ancien Régime.
- Rationalism: Reason can produce new rational rules, opposing particularism.
- Liberalism: This was a reaction against privileges for special groups, centered on property and contracts.
- Statualism: The state and the individual are central, opposing intermediate bodies (feudal power centers).
- The only intermediate body allowed is the family.
- Nationalism: The legal system expresses national ideas and the unity of national culture.
- Each nation desired its own civil code.
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