Civil Law and Its Teaching

Questions and Answers

What distinct characteristic of civilian judgments distinguishes them from those in common law courts?

Civilian judgments are typically more concise and not bound by the doctrine of precedent, unlike common law judgments.

According to Max Theinstein, what percentage of private law cases yield similar outcomes across Civil and Common Law jurisdictions?

About eighty percent.

Why might civilian legal techniques be perceived differently from common law techniques?

Civilian techniques are shaped by cultural needs and ideologies, influencing their perceived merits.

What role does the doctrine of precedent play in common law jurisdictions compared to civilian systems?

In common law, the doctrine of precedent requires referring to previous decisions, while civilian systems do not have this necessity. Signup and view all the answers

What is implied by the statement that legal problems and solutions are very much the same in both legal traditions?

It suggests that despite different methods, both legal systems address similar issues with comparable outcomes. Signup and view all the answers

In what way do the legal systems discussed reflect the culture of their respective peoples?

Legal systems are developed based on the cultural needs and ideologies of the societies they serve. Signup and view all the answers

What is a common critique of the length of judgments in common law courts?

Judgments in common law courts are often criticized for being long-winded and excessively detailed. Signup and view all the answers

Why might there be a preference to refrain from judging the merits of civil versus common law techniques?

The merits are subjective and depend on cultural perspectives, thus making objective evaluation challenging. Signup and view all the answers

What does the author suggest about the techniques of Civil Law and Common Law in terms of problem-solving?

The author suggests that techniques in both legal systems largely relate to methods of problem-solving rather than differing fundamentally. Signup and view all the answers

How does the absence of a doctrine of precedent impact the legal writing in Civil Law systems?

It results in more straightforward and concise judgments without extensive reference to prior decisions. Signup and view all the answers

Study Notes

Teaching Law in the Civil Law World

Emphasizes a "model law," focusing on civil law as private law, distinct from mercantile law.
Influential role of legal scholars persists despite legislative predominance.
Teaching emphasizes "scientism," affecting how professionally trained Civil lawyers think and operate.

Roman Law Influence

Civil Law is often said to be based on Roman law, but this requires qualification.
Roman law, particularly the ius civile from Emperor Justinian, was not universally applied in the Civil Law world.
Modern legal principles are not strictly derived from Roman law, highlighting an integration with local customs and canon law.
Both Civil Law and Common Law jurisdictions incorporate Roman-inspired legal solutions, especially in contract law.

Division of Law

Fundamental distinction between private law (governing private person relations) and public law (dealing with state organization and public interest).
Public law encompasses administrative law, originally outside traditional jurisdiction until specialized administrative courts emerged.
Administrative law is largely uncodified, evolving through judicial interpretations similar to the English common law system.

Private Law Distinctions

Historically, civil and mercantile law divisions stem from Civilian history rather than reason; many modern Civil lawyers see the distinction as obsolete.
Merchants in medieval Italy sought more flexible laws for trade, leading to the development of alternate usages and reforms.

Codification of Law

Codification was essential for clarity and accessibility, particularly in countries lacking a unified legal system.
Only segments of law such as private law, criminal law, and procedural law have been codified.
A Civilian code is an organized legislative framework, ideally complete in its subject matter.

Judicial Practices

Civilian judgments are concise, contrasting the lengthy Common Law judgments due to the absence of judicial precedent.
Legal problems and solutions across Civil and Common Law systems show a high degree of similarity, despite different problem-solving techniques.

Cultural Implications

Legal techniques reflect the cultural contexts from which they arise, with subjective interpretations of their effectiveness and beauty.

Description

Explore the evolution of Civil Law and its teaching methods, focusing on the model law and the ius civile. This quiz delves into the roles of legal scholars and the legislative aspects of Civil Law, highlighting its relevance and influence throughout history.