Origin and Development of Legal Science

Origin and Development of Legal Science

• It is not easy to establish the law
• A treaty on law can be, in some sense, positive law, valid law
• Clear distinction allows for objective analysis, separating the object of study
• Interconnection recognizes that the object of study is part of the legal framework itself

The Institutions

• This was facilitates in the learning of law
• This was enacted as law at the same time
• This was science of law and current law

Systems of Positive Law

• The limits in which positive law is in force tend to coincide with national borders
• Socialist system in countries and states with socialist ideologies
• Common Law system is based on judicial precedents is predominant countries of the Commonwealth
• Continental law is a legal system based on written codes and statutes, and is common in Europe

Legal System of Ancient Greece

• Greeks had a system of law and carried out a work of legislation
• The figure of the jurist or legal professional was recognized by a political expert in rhetoric from the upper classes

Key Stages in the History of Jurisprudence

• Roman jurisprudence matures in the last century of the republic, previously it was doctrinal activity

• The Roman jurist was not an operator of law, but someone who possessed and elaborated the technical knowledge for the practical realization of law

• The Pre-Classical Jurisprudence covers the antecedents of structured jurisprudence before imperial times, before the era of the Empire

• Classical Jurisprudence marks the period from 1st to 3rd century AD legal development

• Post-Classical Jurisprudence is focused on legal reforms during Justinian's era

• Jurisprudence developed because of a written legal text: The 12 Tables (5th century BC)

• From that moment, the jurists had a well-defined object of study that needed to be interpreted and developed

• Pontifical Jurisprudence featured experts in law were priests and legal matters were connected to religious issues

• Secular Jurists Jurisprudence is exercised in ones own rights and profession, not from the position of members of a pontifical college

Breakdown of Roman Legal Systems

• Legal Jurisprudence during Classical Era is known for fundamental characteristics and casuistic analysis carried out by jurists
• The key activity was the elaboration of responses and solutions to specific cases and problems was presented to legal experts
• lus Civile is a system based on the Law of the 12 Tables
• lus Honorarium operates based on praetorian edicts and contributions of jurists

Formation and Structure of Law in Primitive Epochs

• Early Legal System lacked formal school to study law
• Jurors were scarce, with only a few lawyers trained by mentors
• there was a common method that provided a unified approach to studying the law

Byzantine Empire (6th Century)

• The Corpus luris are an expression of law
• The Code Recopilación compiled the current laws
• Digesto o Pandectas contained works od Jurispudence
• Institutions: The didactica was written for the apprenticeship of the Law
• Novels Laws: Law empowered after that code
• The consequence of the appearance of a European Jurisprudence since s. 11

Hierarchy of the Jurisprudence of the Glossators

• The school of Bologna or the Glossators was one of the first cultural products of the bourgeoisie
• The glossators worked to center the characteristics of the interpretation of texts of Justinian and other sacred texts
• They used a method of of studying, and a principle of unquestionable authority

The School of Practicians vs Jurists

• In Italy, the 14th century, jurisprudential direction emerged school of the practitioners or commentators (postglossators)
• The Catholic Church favored the Mos italicus over the mos gallicus
• The representatives of legal humanism linked themselves to Protestantism and Calvinism
• The School of Practitioners are lawyers that understands from the jurisprudential aspect

Evolution of the English Legal System

• Key elements in the evolution fo the english legal system
• The unification of the kingdom consolidated England as facilitating a system of cohesive law
• The formation of an increasingly influential class of laws was linked judges and attorneys
• An emphasis was made on the role of professionals in education and diffusion of legal knowledge
• The development of the common law as a unified legal framework to the nation
• There was a minimal influence of roman law was a main factor to the system of its evolution

The Rational Evolution and Codifying of Germany law

• Key points to understanding of legal system such as emphasis the uniqueness within a legal framework where authorities reject rational methods of legislation
• It was effort to systematize coded private rights
• The authority rejected, it transitioned to more ration methods of legislation
• Focuses include the influences on the law, giving it a domain to dominate legal philosophy, giving the domain to natural rights and rationalism

Modern Legal Science

• Legal science, or legal dogmatics emerged in Europe in the early 19th century
• Fundamental Movements in the Science of European Law exists in England, Germany, and France
• In England Analytical Jurisprudence applies a logical and structured approach to study law
• The School of Exegesis in France focuses on detailed interprepation and Legal texts
• Germanys historical of thought emphasized historic development of laws the past

Scientific vs. Legal Positivism

• The concept of positivist science is based on the rejection of metaphysics and values ​​and the defense of the method of observation and induction
• Legal positivism, as a conception of law, does not imply positivism as a conception of legal science
• True legal science tends to present itself as a romantic conception of law that is popular, politically linked to the la Restauracion

The principal representative of history

• The representative of the school, F. K. von Savigny, who rejected the idea that man could rationalist ideas the law
• Law as a Historical Phenomenom opposed the illustration
• The law emerged from the spirit of the people in a way that that doesn't involve legislative bodies

Impact of the Historical School on the Science of Law

• Historical Schools, historical and social point of perspective
• The Science to Legal aspects develops theory more formally
• The concept of jurisprudence and formalism

Evolution of the Science of Juridical Aspects and Concepts

• Concepts that allows you, in turn, and deduct juridical consequences
• Methods that receive civil codes that it's applied too from other methods
• The objective of legal science, representing law and conceptual systems
• Differences between juridical situations in different sectors include in french code, the Napoleon code

The School of Exegesis: Interpretation as Revelation

• The School of Exegesis is in force
• It focuses on the origins and its purpose of the legislative process
• The main focus is to identify to establish a level of equivalency and what and is fundamental
• The concept of veneration is to give importance and make sure it its written in the legal systems

Foundations of Analytical Jurisprudence

• British analytical jurisprudence was initiated in the early 19th century by John Austin
• A clear distinction must been made between law and legislation Jurisprudence deals with what is legal and its science
• Law is a means for ordering society and social change

Hierarchy of Legal Knowledge

• General jurisprudence is the science of law through induction
• Induction and analysis are the means to extract the concept of legal customs
• Positive Rights are known to be the practical systems from a national perspective
• Analytical jurisprudence is a formal science of law, not positivistic

Defining Legal Formalism: Characteristics and Objectives

• Formalism in legal science refers to the tendency to shape legal science based on the model of logical-formal or deductive sciences
• The task of legal formalism is to organize legal norms in a logical and systematic manner

Logical Application of Law

• Logical Application is necessary for informed decisions, deductive processes, and well comprehended rules
• The goal is to make decisions informed by logic, applying logic to analyze and apply legal rules and subyacent concepts

Formal Rationality

• Law follows "formal rationality", and the model was accepted in the 19th century, as described by Weber
• Factors influencing the value of law include historical factors, social ascents, bureaucratic organization, and constitutional models
• Formal Rationalization: ideas of structural reason and logical structure
• Historical factors: molded by the legal context that exist

Revolt against Legal Formalism

• The revolt against Legal Formalism contained French, German, and American Influences
• The French Movement had a impulse toward legal and philosophical innovation in France
• American influence had pragmatism and legal realism
• The German movement had reforms it law and its laws

Impacts of Ihering on Modern Day Legal Theory

• Aspects of legal contributions includes structured and intellectual approaches toward theory
• There was and emphasis and perspective regarding the law
• Ihergin had contributions that opposed historical ideas focusing on historical concepts

Iherings Theory of Law

• The theory of law focused on imposing states of legal through force
• It contains ethical objectives of the legal system
• Its perspective is to evaluate results, benefits, and utilitarian

Unpacking Common Rights

• In the common law, there are problems in countries such as England and the USA, but not uniquely
• There is dependence on traditional social precedents with difficulties to adapt to new factors

Austin Analytical Jurisprudence

• The analytical Jurisprudence is used as arguments to challenge legal studies and the reduction of conceptual matters
• Jurists, that where not american, often had a resistance Austins analytical approach to jurisprudence due to his formalism
• Its influence that has lasted through is has made a considerable mark on the English Legal Systems

Complexities of the Modern Jurisdictional Frame

• Modern frames often include a Gen, in which authorities are recognized
• There is often freedom in Exploration which is a large part of research today
• The Incompletitud del Estao: has no standards established
• There is a fetishism of laws where, some believe, authority lays

Aspects of Legal Doctrines and Study

• A way of exploring dogmatic studies by understanding multiple factors
• Factors that need to be considered included: comparisons of legal dimensions, law is multiple discplines of contributions
• The aspects need to to be applied to a concept of theory

How Legal Objects Relate

• There are approaches used for studying laws
• Some analysts use analytical specific analysis of legal systems and structures
• A common legal comparison aspect Is the use of fundamental theoretical concepts

Theorizing Rights

• There is an area of law that's related to developing a theory as there can be differences between the main branches
• There is a common identifier for this area of legal theory that shares elements
• The concepts may need to be adapted to certain legal systems and its structures

Juridical Logic

• The juridical logic, forms part today in the general theory of the Right or of the "theory of the Right". Understood in the strict sense of formal or deductive logic.
• The is a focus on the Right logic and jurors

Aspects of the dimensions and factors for Comparing Rights

• The factors, like historical origins, influence the study of rights
• Factors such a methods used has been evolved from systems of legal theory
• There are causes effects for why certain legal structures that exist

Comparative Law

• Legislative studies aid in providing indications for new codes
• There are multiple parts of civil code that are connected due to their evolved nature
• Concepts of legal studies are interlinked to civil practices using the evolution over time

Understanding the Evolution of Legal History

There is a way or manner in which its evolution in law has historical context

• Enforces how historical develop juridical through context
• There are some that specialise with the legal code structures
• Certain specialisations focus on interpretations and its critical points

Jurisprudence: Key Components and Functions

• There is an emphasis internal perspectives and external perspectives of legal doctrines
• All legal aspects need security, juridical functions, and what the rights do within their scope
• External exclusions and considerations often are factors that influence the historical, morals, and politics of the region

Two Forms of Solidarity

• There were concepts presented by Durkheim in which he presents two main aspects of society such as solidarity of mechanical nature vs organism nature.
• A factor that is associated with the structures between these two forms include social class and wealth
• Weber is considered to be the main founder for these concepts of modern day sociological influence for this civil field of code

Differences within the Sociological Structures of Law

• There exist autonomy when examining its aspects from a juridical perspective and civil scope
• As sociologist often compare law and culture, they can be associated with sectors of that have the most social ties
• These studies often give a better insight when examining sociology in different legal systems.
• Sociological studies are often defended in various sectors and forms

Functions and Characteristics of Juridical Legal Structure

• Legal structures operate a main function and consists of the process such as stabilization, criteria application, and framework
• Structures need to provide a set of functions, guidelines, and set of standards
• the juridical framework consists to be able of providing some sort of technique and science to those involved
• This is a more practical way for people to obtain standards and some level stability, with the right knowledge

Aspects of Justice and Rights

• Perspectives need to be accounted for to provide rights with the sense of its meaning
• A system needs to be orderly, structural, and conceptual, using those ideas to explain said aspect
• Jurists often have normative functions that add to their roles as they conform civil rights of justice and protection

Technicalities of Jurisprudence

• The legal system needs to possess an understanding that clearly shows its objectives
• This understanding builds a more relevant and helpful dogmatic that has more practical means
• There is a traditional legal concept of having to find how the laws secure those rights and the ability to produce codes

Philosophy of Code

• Some philosophers state there is some correlation between code and society
• This often gives right a way supervise and be held in check
• Other philosopher find that rights and codes are connected with many civil aspects
• A common practice is see rights what they are, how, and what they ought to be