Legal History Quiz

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Questions and Answers

What is legal history?

  • The study of how law is enforced by the government
  • The study of how law should be practiced
  • The study of how law is currently being practiced
  • The study of how law has evolved and changed (correct)

What is the Code of Hammurabi?

  • The law code of the Byzantine Empire
  • The oldest continuously functioning legal system in the West
  • The first extant law code developed by King Hammurabi of Babylon (correct)
  • A legal treatise in India

What was the legal system of the Catholic Church?

  • Catholic canon law (correct)
  • Common law
  • Civilian law
  • Germanic customary law

What was the role of the Justinian Code during the Byzantine Empire?

<p>It was expanded and remained in force until the Empire fell (C)</p> Signup and view all the answers

What was the legal system of ancient Greek law?

<p>There was no single word for 'law' as an abstract concept (D)</p> Signup and view all the answers

What was the influence of Roman law on the modern legal world?

<p>It forms the bridge to the modern legal world (A)</p> Signup and view all the answers

What was the role of traditional Chinese law in the westernization of law?

<p>It gave way to westernization in the form of six private law codes based mainly on the Japanese model of German law (D)</p> Signup and view all the answers

What is Louisiana's legal system based on?

<p>The French civilian system (D)</p> Signup and view all the answers

What is the Arthashastra and the Manusmriti?

<p>Influential treatises in India, texts that were considered authoritative legal guidance (D)</p> Signup and view all the answers

Flashcards

Legal History

The study of how legal systems develop and change throughout history, connected to civilization's growth.

Code of Hammurabi

The first written law code, created by King Hammurabi of Babylon, inscribed on stone for all to see.

Catholic Canon Law

The oldest continuously functioning legal system in the Western world, representing the legal traditions of the Catholic Church.

Ma'at

The concept underpinning ancient Egyptian law, emphasizing tradition, fairness, equality, and eloquence.

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Roman Law

The foundation of modern Western law, originating in ancient Rome and influenced by Greek philosophy, forming the legal bridge to the present.

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English Common Law

The legal system developed in England, based on judicial precedents and customary law.

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Justinian Code

A collection of Roman laws compiled by Emperor Justinian, expanding upon Roman law and remaining in force for centuries.

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Roman & Germanic Law Blend

A blend of Germanic customary law and Theodosian Code used to govern different populations in the former Roman Empire.

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French Civil Law System (Louisiana)

The legal system practiced in Louisiana, based on French civil law, distinct from the common law system of the rest of the United States.

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Study Notes

Legal History: Study of the Evolution and Development of Law

  • Legal history is the study of how law has evolved and changed, and it is closely linked to the development of civilizations and social history.
  • Legal history has been seen as the technical explanation of the evolution of laws and the origin of legal concepts, while others consider it a branch of intellectual history.
  • Twentieth-century historians viewed legal history in a contextualized manner, analyzing legal institutions as complex systems of rules, players, and symbols that interact with society to change, adapt, resist, or promote certain aspects of civil society.
  • Ancient Egyptian law, dating back to 3000 BC, was based on the concept of Ma'at, characterized by tradition, rhetorical speech, social equality, and impartiality.
  • The Code of Hammurabi, developed by King Hammurabi of Babylon, was the first extant law code and was inscribed in stone and placed throughout the kingdom for the public to see.
  • Ancient Greek law had no single word for "law" as an abstract concept, retaining instead the distinction between divine law, human decree, and custom.
  • The Arthashastra and the Manusmriti were influential treatises in India, texts that were considered authoritative legal guidance.
  • Japan was the first country to begin modernizing its legal system along western lines, while traditional Chinese law gave way to westernization in the form of six private law codes based mainly on the Japanese model of German law.
  • The legal history of the Catholic Church is the history of Catholic canon law, the oldest continuously functioning legal system in the West.
  • Roman law was heavily influenced by Greek teachings and forms the bridge to the modern legal world, over the centuries between the rise and decline of the Roman Empire.
  • During the Byzantine Empire, the Justinian Code was expanded and remained in force until the Empire fell, while in former Roman countries, the ruling classes relied on the Theodosian Code to govern natives and Germanic customary law for the Germanic incomers, which blended together.
  • The English legal system developed primarily out of the English common law system, while Louisiana continued to follow the French civilian system after being admitted to statehood.

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