Liberty Concepts in Relation to Constant

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Questions and Answers

How does Constant differentiate between modern and ancient concepts of liberty?

  • Ancient liberty was solely about individual freedom without collective governance.
  • Both ancient and modern liberties prioritize individual authority over group decisions.
  • Modern liberty promotes community involvement over individual rights.
  • Modern liberty emphasizes individual rights while ancient liberty focused on collective governance. (correct)

Which of the following is NOT considered a right associated with modern concepts of liberty?

  • The right to be subjected only to laws.
  • The right to associate freely with others.
  • The right to participate directly in government decision-making. (correct)
  • The right to express an opinion.

What aspect of ancient liberty is highlighted in Constant's comparison?

  • It emphasized collective decision-making and government functions. (correct)
  • It prioritized personal property rights above group needs.
  • It restricted personal freedoms in favor of group conformity.
  • It allowed for individual autonomy from collective responsibilities.

How has the modern understanding of human rights shifted, according to Constant?

<p>From a collective focus to an individualistic perspective. (C)</p> Signup and view all the answers

Which of the following aspects does Constant attribute to modern liberty?

<p>Emphasis on individual rights over community responsibilities. (D)</p> Signup and view all the answers

What is considered the most significant factor in an agreement without a written act or formal words?

<p>The consensual agreement of the parties involved (A)</p> Signup and view all the answers

What principle ensures that both parties in a bilateral obligation are bound to uphold their side of the agreement?

<p>Principle of good faith (C)</p> Signup and view all the answers

What was the primary impact of the fragmentation of the Roman Empire on the development of law?

<p>It resulted in the establishment of distinct national laws known as Iuria Singularia (D)</p> Signup and view all the answers

What development occurred in Bologna that was crucial for the revival of Roman law in the 11th century?

<p>The start of formal legal education by Irnerius (C)</p> Signup and view all the answers

How did the Codification of Justinian influence law in Europe after the 12th century?

<p>It served as a subsidiary law, secondary to national law (B)</p> Signup and view all the answers

What was Rousseau's perspective on the viability of direct democracy in the modern state?

<p>Direct democracy can only be effectively practiced in small communities. (A)</p> Signup and view all the answers

What are the three legacies of direct democracy currently recognized in Italy?

<p>Petition, referendum, law with popular initiative (D)</p> Signup and view all the answers

According to Aristotle, what constitutes a right constitution?

<p>A government where common interest is prioritized over private interest. (C)</p> Signup and view all the answers

What problem does democracy experience within the European Union today?

<p>Lack of representation of individual citizens in national governments. (B)</p> Signup and view all the answers

What aspect of democratic thought did Rousseau aim to revive in post-revolution France?

<p>The Roman Republican model of governance. (A)</p> Signup and view all the answers

What formed the basis of ius commune in Europe during the 12th and 13th centuries?

<p>A combination of canon law and Roman law (B)</p> Signup and view all the answers

Which statement is true regarding ius Canonicum?

<p>It allows for the forgiveness of actions based on dogma. (C)</p> Signup and view all the answers

What was a significant development in legal science during the Middle Ages?

<p>The limitation of legal interpretations to the codified texts. (A)</p> Signup and view all the answers

Which approach characterized the legal scholarship in Italy and France during the 14th and 15th centuries?

<p>Development of commentary on Roman law rather than glossing. (D)</p> Signup and view all the answers

What did Legal Humanism emphasize during the Renaissance?

<p>A historical sensibility and the centrality of man. (C)</p> Signup and view all the answers

Flashcards

Ius Commune

A system of legal thought that arose in Western Europe from the 12th and 13th centuries, combining Roman law with canon law.

Legal Glossators

This refers to the process where scholars added marginal or interlinear notes to interpret the original Roman legal texts, starting with Justinian's Digest.

Agreement in Roman Law

A legal agreement formed without formal words or written acts solely based on the mutual understanding and consent of both parties.

Bilateral Obligation

A concept where both parties in an agreement are bound by obligations, like one party's payment for the other party's goods.

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Commentary Period (XIV-XV cent.)

This period in legal history saw a shift towards more comprehensive explanations of legal texts, with scholars writing their own books of interpretation.

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Legal Humanism

This movement in the 16th century emphasized the importance of human history and the role of individuals in shaping the world.

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Principle of Good Faith

A crucial principle in Roman law emphasizing honesty and integrity in verbal agreements, regardless of whether it's explicitly stated.

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Ius Gentium

A legal system developed by the Romans that aimed to be universally applicable and applicable to all people, transcending the borders of Roman citizenship.

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Ius Canonicum

The law made by the Church, based on the relationship between man and God.

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Iuria Singularia

A legal concept where legal systems of different nations develop their distinct sets of laws, reflecting their unique customs and traditions.

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Modern Liberty

A type of liberty focused on individual rights, freedoms, and autonomy, allowing people to act without needing permission from the state or society.

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Ancient Liberty

A type of liberty where individuals are free to participate collectively in government affairs, such as voting on laws and holding officials accountable.

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Shift from Ancient to Modern Liberty

The shift in focus from collective liberty to individual liberty, showcasing how our understanding of freedom has changed over time.

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Individualistic Liberty

The idea that individuals should be free from arbitrary interference by state or society, protected by laws and rights.

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Being Free Without Asking Permission

The ability to make choices and act freely without seeking prior authorization from authorities. It emphasizes self-reliance and individual agency.

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Direct Democracy

A form of democracy where citizens directly participate in decision-making through mechanisms like referendums and initiatives.

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Representative Democracy

A form of democracy where citizens elect representatives to make decisions on their behalf.

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Democracy Deficit

The idea that citizens should have a direct and meaningful role in shaping policies that affect their lives.

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Republic

The concept that a government should be ruled by the many, as opposed to a single person (monarchy) or a small group (aristocracy).

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Common Interest

The idea that the best form of government prioritizes the common good, ensuring that decisions benefit all members of society.

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Study Notes

Roman Law Notes

  • Roman law developed a system of harmonization building from reality to address differences between states rather than imposing a top-down rule.
  • This approach contrasts with unification, where an external power (like the European Commission) imposes rules, and countries adopt them.
  • Harmonization is more challenging than unification, better suited for globalized societies with national sovereignty.
  • The goal of harmonization is to create international law instead of national law.
  • European law has moved towards unification, but not entirely.
  • A unified economy and currency (EURO) have been achieved but not a common standard of law in marriage, family, and contract.
  • Brexit is an example of a failed unification effort.

Nation vs. State

  • Nation is a socio-cultural entity (group of people united by common origin, history, culture, ethnicity, language), it can exist without sovereignty or a fixed territory.
  • State is a modern political entity, with fixed geographical boundaries and sovereignty, it cannot exist without sovereignty.
  • Modern nation-state ideas are linked to the Peace of Westphalia (1648).
  • Nations typically justify the creation and existence of states.
  • Nations are more stable than states.

Public vs. Private International Law

  • Public international law deals with relations between nations, based on agreements.
  • Private international law applies different national laws to international issues.
  • Ius gentium (law of nations) was not international private law, applied universally to all humans (e.g., sale contracts) regardless of national law.
  • Ius gentium acted independently of international/political agreements.

International Commercial Law

  • Today's legal framework seeks to build global commercial law ('lex mercatoria").
  • Unlike Ius Gentium, lex mercatoria built on pre-existing customary law.

Codification of Emperor Justinian

  • The Corpus Iuris Civilis comprised the Code, Digest, and Institutes.
  • The Digest is the most important part; it's a collection of excerpts from ancient jurists' works.

Roman Civil Law vs. Greek Law

  • Roman law's "Mancipatio" entailed formal words/gestures, while Greek law used less formal contracts ('Phasis').
  • Ius Gentium (Roman law of nations) established "Emptio Venditio" (contract of sale) based on bilateral obligation and good faith.
  • Ius Gentium agreements were universal, applicable across varied cultures.

Democracy

  • Representative democracy: citizens elect representatives.
  • Direct democracy: citizens vote directly on laws.
  • Direct democracy is difficult to implement at scale (nation-state level).

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