Enlightenment Philosophy and Law Quiz

A legal system that emphasizes codified laws, systematic principles, and judges as interpreters of the law, rather than creators.

A period of revival of Roman Law in Europe, particularly the Corpus Juris Civilis, which influenced legal scholars and led to the creation of the ius commune.

The common law of Europe, harmonizing Roman legal principles with local customs, created during the Middle Ages.

A collection of Roman laws compiled in the 6th century AD, which served as a primary source for the revival of Roman law in Europe.

The authority or influence based on respect and moral legitimacy, rather than formal power, in Roman political and legal culture.

A period marked by the consolidation of centralized states, the decline of feudal fragmentation, and the development of national legal systems.

The unifying aspect of the ius gentium - It was based on principles common to all societies.

A legal system based on judicial precedents and unwritten customs, which evolved in England.

The legal system of the Catholic Church, governing religious, moral, and social issues such as marriage, inheritance, and contracts.

The competition between Church and Secular courts for legal authority, creating tension between spiritual and temporal powers in the late Middle Ages.

The Investiture Controversy was a dispute between the Pope and the Holy Roman Emperor over the right to appoint bishops in the 11th century.

A system of centralized taxation and administration that emerged in response to the increased financial demands of warfare in the late Middle Ages.

The Hundred Years' War (1337-1453) between England and France, among other conflicts, created a need for monarchs to establish more efficient systems of taxation and administration.

The concept of sovereignty developed during the late Middle Ages, connecting the legitimacy of law to the authority of the ruler.

Thinkers like Marsilius of Padua argued for the supremacy of secular rulers over the Church, influencing later theories of state sovereignty.

Legal scholars like Bartolus de Saxoferrato emphasized the importance of territorial jurisdiction, foreshadowing the Westphalian concept of state sovereignty.

In early modern Europe, absolutism concentrated legal authority under monarchs, like Louis XIV in France and Frederick William in Prussia, who used law to solidify their power.

The Peace of Westphalia (1648) established the core principle of state sovereignty, meaning independent states have authority over their internal affairs, and other nations cannot intervene.

Hugo Grotius, known as the 'Father of International Law', argued for freedom of navigation and defined rules for fair warfare in his book 'On the Law of War and Peace.'

This period saw the emergence of significant principles of international law, influenced by Grotius, Vitoria, and Suárez, which laid the groundwork for the modern system.

This emphasized reason, observation, and systematic thinking, inspiring legal reforms based on logic and principles.

These thinkers, including Montesquieu, Voltaire, and Rousseau, challenged arbitrary power and advocated for limited government, rule of law, and separation of powers.

Montesquieu's influential book, 'The Spirit of the Laws,' argued for balanced government structures, influencing constitutions and modern legal systems.

Enlightenment ideas led to movements for law codification, like Catherine the Great's reforms in Russia and the creation of the Napoleonic Code.

The idea that all individuals possess inherent rights, such as freedom and the right to property, that governments are obligated to safeguard.

The belief that governments derive their legitimacy from a contract with the governed, where citizens consent to be ruled in exchange for certain rights and protections.

The principle that government power should be divided between different branches to prevent any one person or group from having too much authority.

The concept that moral actions should be guided by universal principles that are applicable to all individuals, regardless of personal desires or circumstances.

The belief that individual freedom is essential for moral responsibility, implying that individuals have the capacity and obligation to make ethical choices.

A framework for international law based on shared human rights and a commitment to peace, emphasizing cooperation and mutual respect among nations.

The core principle of the Napoleonic Code, proclaiming that all citizens, regardless of their social status, are subject to the same laws.

The Napoleonic Code aimed to simplify and unify French law, adopting a standardized system that replaced the complex and fragmented legal system of the old regime.

The Glorious Revolution, in which James II was deposed, influenced the American colonies by inspiring the adoption of principles of limited government and rule of law, as seen in colonial charters. This also justified colonists' resistance to arbitrary royal governors, like the overthrow of Governor Andros.

The Enlightenment, a period of intellectual and philosophical advancement, emphasized rationality, individualism, and empirical evidence. Key thinkers like Locke, Montesquieu, and Rousseau challenged traditional authority and advocated for natural rights, social contracts, and the separation of powers.

The belief that individuals possess inherent rights, such as liberty and property, that governments must protect. This concept, developed by John Locke, challenged the notion of absolute power and influenced revolutionary movements.

The idea that governments derive their legitimacy from the consent of the governed. It implies an agreement between the people and the government, where the people agree to abide by the rules in exchange for protection of their rights.

A principle advocating for a division of governmental power among different branches, such as the executive, legislative, and judicial, to prevent tyranny. Montesquieu, through his work "The Spirit of the Laws," argued for the importance of checks and balances.

Immanuel Kant, a prominent Enlightenment philosopher, emphasized the autonomy of reason in moral and legal decision-making. His works like "Groundwork of the Metaphysics of Morals" emphasized the importance of individual reasoning and ethical principles in guiding actions.

Legal codification involves writing down laws systematically and comprehensively. This practice, influenced by Enlightenment rationality, promotes clarity, consistency, and accessibility in legal systems.

The General State Laws (1794) of Prussia and the Napoleonic Code (1804) reflect the influence of Enlightenment rationality. They aimed to create clear, consistent, and accessible legal frameworks, replacing previous fragmented and often unjust legal systems.

The Glorious Revolution in 1688 marked a crucial shift in English power dynamics, replacing the Catholic King James II with the Protestant King William and Queen Mary. It signified the triumph of Parliament over the Monarchy, paving the way for constitutional governance.

The Glorious Revolution cemented Protestant dominance in England. The Act of Settlement (1701) prohibited Catholics from inheriting the throne, while the Toleration Act (1689) allowed non-Anglican Protestants limited religious freedom, excluding Catholics & non-Christians.

The Glorious Revolution set the stage for constitutionalism in England by limiting the power of the Monarchy and granting Parliament greater authority. This shift resulted in the formation of a government based on shared powers and a framework of laws.

John Locke, influenced by the Glorious Revolution, developed his theory of natural rights, arguing that all individuals have inherent rights to life, liberty, and property. This concept justified the overthrow of King James II, who was seen as violating these rights.

The Glorious Revolution served as a model for later revolutions, inspiring movements for individual rights and limited government. It underlined the idea of consent of the governed, sparking revolutions such as the American and French revolutions.

The Glorious Revolution marked a significant step towards modern democracy by establishing parliamentary supremacy and limiting royal authority. This shift led to reforms like the Great Reform Act (1832), expanding suffrage and democratic principles.

The Glorious Revolution laid the foundation for the rule of law, which is the principle that everyone should be subject to the same laws. This principle was central to the evolution of a democratic system based on equality and fairness.

The Glorious Revolution served as a blueprint for constitutional frameworks, particularly in the American colonies. It inspired the colonists to adopt ideas like parliamentary sovereignty and individual rights, influencing the drafting of the US Constitution.