Podcast
Questions and Answers
What legal influence primarily dominated Western Europe after the fall of the Western Roman Empire?
What legal influence primarily dominated Western Europe after the fall of the Western Roman Empire?
What significant change occurred during the High Middle Ages that impacted the development of law in Europe?
What significant change occurred during the High Middle Ages that impacted the development of law in Europe?
How did the development of common law in England differ from the legal developments in continental Europe?
How did the development of common law in England differ from the legal developments in continental Europe?
What were the remnants of Roman law that remained in force in Western Europe primarily intended for?
What were the remnants of Roman law that remained in force in Western Europe primarily intended for?
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What can be concluded about the legal system in Western Europe immediately after the fall of the Western Roman Empire?
What can be concluded about the legal system in Western Europe immediately after the fall of the Western Roman Empire?
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What is customary law?
What is customary law?
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Judicial decisions only state existing laws and do not create new rules.
Judicial decisions only state existing laws and do not create new rules.
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What does the doctrine of stare decisis establish?
What does the doctrine of stare decisis establish?
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What is case-based reasoning?
What is case-based reasoning?
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Which countries are influenced by the English common law tradition?
Which countries are influenced by the English common law tradition?
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The highest English court, now known as the Supreme Court, was previously called the __________.
The highest English court, now known as the Supreme Court, was previously called the __________.
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Study Notes
Post-Roman Legal Landscape
- After the collapse of the Western Roman Empire, Western Europe reverted largely to customary tribal law, specifically the law of Germanic tribes.
- Roman legal remnants continued for former Roman subjects but were minimal compared to the comprehensive legal framework established by the Romans.
High Middle Ages Developments
- The eleventh to fifteenth centuries marked significant shifts in legal practices and frameworks in Europe.
- Rediscovery of Roman law began in the eleventh century, leading to its "reception" in various regions.
- The integration of Roman law greatly influenced the development of private law on the European continent.
England's Legal Evolution
- In contrast to continental Europe, England saw minimal impact from Roman law due to the emergence and establishment of common law.
- The development of common law in England provided a distinct legal path away from the influence of Roman legal traditions.
Customary Law
- Arises from guidelines and standards traditionally upheld in societies.
- Differentiate between binding customary law and mere habits.
- Used by judges and legal decision-makers as a source of law.
Distinction between Customary Law and Case Law
- Distinction between judge-made case law and customary law as sources of law is not always clear.
- Customary nature confirmed through application in legal decision-making.
Judicial Decisions and Precedents
- Judicial decisions can serve as precedents for future cases.
- Two interpretations of judicial decisions:
- As evidence of pre-existing law applicable in future cases.
- As the creation of new law at the moment of the decision, influencing future rulings.
- The latter interpretation gained prominence in the twentieth century.
Stare Decisis
- Doctrine meaning "stand by your decisions."
- Mandates courts to follow previous rulings in similar future cases.
- In 1966, the House of Lords (now the Supreme Court) declared it would not be bound by its past decisions, creating an exception to stare decisis.
Case-Based Reasoning
- English legal reasoning relies on analogy to previous cases and the principle of stare decisis.
- Emphasis on common law, built on precedents and case law.
- Although legislation is relevant, common law has historically been more significant.
Common Law Tradition
- The English common law tradition is prevalent in the British Commonwealth.
- Countries following common law include Ireland, Wales, several U.S. states, Canada, and Australia.
- The convergence of laws within the European Union may influence the traditional emphasis on case law over legislation.
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Description
Test your knowledge of the transition from Roman law to tribal customary laws in Western Europe after the fall of the Western Roman Empire. Explore how these legal systems evolved during the High Middle Ages, from the 11th to the 15th century. Understand the complexities and the remnants of Roman law that persisted alongside Germanic customs.
