Overview of Legal Systems

A collection of Roman legal writings and laws compiled by Emperor Justinian I in the 6th century. It included the Codex, Digest, Institutiones, and Novellae.

A compilation of imperial laws and decrees issued by previous Roman emperors.

A collection of writings and legal opinions from Roman jurists, used to interpret Roman law.

A textbook designed to teach legal principles and introduce the Roman legal system to students.

New laws issued by Emperor Justinian after the completion of the Codex.

The rediscovery of the Corpus Iuris Civilis in the 11th century, especially at the University of Bologna, led to a resurgence of Roman law in Europe.

A legal system that developed in England after the Norman Conquest in 1066, based on the principles of precedent and judicial decisions.

The introduction of royal courts and traveling judges to enforce royal law across England by King Henry II in the 12th century was a key step in the development of Common Law.

A legal system based on judicial precedents (past decisions) rather than written codes, where rules evolve organically based on real-world applications.

The legal principle of following prior court decisions in similar cases. This provides consistency and predictability in legal rulings.

A written order issued by a court, used to bring legal disputes before the judges.

The absolute, indivisible power held by the state or ruler, above all other power.

A political philosophy where individuals give up certain freedoms to a sovereign authority in exchange for peace and security.

A political theory that emphasizes practical and realistic approaches to governing, prioritizing the state’s interests even if methods are considered unethical.

16th and 17th Centuries, where influential thinkers developed theories about the nature of sovereignty and state governance.

A famous work by Niccolò Machiavelli, advocating for pragmatic rulers who prioritize power and stability over ethical principles.

The legal systems of the former Western Roman Empire became fragmented after the collapse of centralized Roman rule.

The Germanic tribes, like the Franks, Visigoths, and Lombards, had their own unwritten customary laws based on tradition and passed down orally.

The Lex Salica was a significant legal code of the Frankish tribe, focusing on property rights, inheritance, and punishments for crimes.

Roman law, especially Roman civil law (ius civile), continued to exist in certain regions after the fall of the Roman Empire, particularly in the Eastern Roman Empire (Byzantine Empire).

The Codex Justinianus, compiled by Emperor Justinian in the 6th century, became a major source of legal theory and influenced the development of law in the West.

Canon law, governing religious life, marriage, morality, and clergy discipline, became increasingly important as Christianity gained prominence in the Early Middle Ages.

The Decretum Gratiani, compiled around 1140, was one of the earliest systematic collections of canon law, laying the foundation for ecclesiastical courts.

The rediscovery of Roman law, especially in Italy, led to its merging with Germanic customary law and canon law, creating the ius commune (common law) that dominated Europe in the High Middle Ages.

A shared legal framework that arose in Europe during the High Middle Ages (12th-15th centuries), combining Roman law, Canon law, and local customary law.

The practice of writing commentaries and annotations on Roman legal texts, aiming to make them clear and relevant to contemporary issues.

The legal system based on a written code, such as the Roman Corpus Iuris Civilis, with emphasis on clear rules and regulations.

The study of the law as a distinct academic discipline, involving critical analysis, interpretation, and application of legal principles.

The rediscovery of Roman law in the 11th century, particularly at the University of Bologna, which played a key role in shaping legal systems across Europe.

The application of Roman law principles to the legal system in the Middle Ages, demonstrating a broader influence on legal thought and practice.

Roman law provided clear rules about private matters like property, contracts, and family, while Canon law offered guidelines on religious matters and morality.

The ius commune was a blend of Roman, Canon, and local laws, reflecting a complex tapestry of legal traditions.

The process of creating written legal codes that unify existing laws and serve as a single point of reference for legal practice.

The consolidation of national legal systems in early modern Europe was driven by the rise of absolute monarchies and the development of strong nation-states.

A significant departure from the fragmented and customary-based medieval legal systems, the Napoleonic Code introduced codified laws accessible to the public, focusing on areas like property rights, family law, and contract law.

The Napoleonic Code's influence extended beyond France, impacting legal reforms in countries like Italy, Spain, and parts of Germany.

The Napoleonic Code's main impact was to establish the idea of codified laws, accessible to everyone, and not solely based on customary law or court decisions.

Humanism is a Renaissance intellectual movement that focused on the study of classical literature and texts. It emphasized the use of reason, critical thought, and the value of human potential.

Second Scholasticism was a revival of medieval scholasticism, which aimed to reconcile reason and faith. It emphasized the use of logic and argumentation to understand complex theological and philosophical issues.

Natural Law Theory emphasizes the existence of universal moral principles that are inherently knowable through reason, independent of human laws. It states that humans have inherent rights and duties based on their nature as rational beings.

Hugo Grotius, a Dutch jurist, is considered the father of international law. He argued that natural law governed relations between states in matters of war and peace. Grotius's work, 'De Iure Belli ac Pacis,' laid the foundation for modern international law.

The Early Modern period, spanning from the 15th to the 17th centuries, witnessed a major shift in legal learning that was influenced by the emergence of humanism, second scholasticism, and natural law theory.

Humanism played a key role in the development of legal learning during the early modern period by promoting the study of classical texts and emphasizing critical thinking.

During the Early Modern Period, Second Scholasticism contributed to the development of legal learning by providing a systematic and reasoned approach to complex legal and moral questions. It helped bridge the gap between theology and natural law.

Natural Law Theory had a profound impact on legal learning during the Early Modern Period, influencing the development of international law and shaping legal philosophy. Thinkers like Hugo Grotius developed its application to international relations.