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Questions and Answers
What was the common basis of the continental European legal cultures?
What was the common basis of the continental European legal cultures?
Roman Law
What were the two great Roman Law schools in the 1st century AD?
What were the two great Roman Law schools in the 1st century AD?
Sabinians and Proculians
What was enacted in 426 AD that made only the legal doctrines of 6 jurists legally binding?
What was enacted in 426 AD that made only the legal doctrines of 6 jurists legally binding?
citation law
How did the division of the Roman Empire affect the legal unity of the former Empire?
How did the division of the Roman Empire affect the legal unity of the former Empire?
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Explain the Pillersdorf Constitution and its main features.
Explain the Pillersdorf Constitution and its main features.
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What was the concept of ministerial accountability under the Pillersdorf Constitution?
What was the concept of ministerial accountability under the Pillersdorf Constitution?
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How did the development of constitutionalism in Austria compare to other European countries?
How did the development of constitutionalism in Austria compare to other European countries?
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What are the constitutional principles that developed in England over centuries?
What are the constitutional principles that developed in England over centuries?
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Explain the concept of rule of law in Austria.
Explain the concept of rule of law in Austria.
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What were the key developments in the establishment of rule of law in Austria?
What were the key developments in the establishment of rule of law in Austria?
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What is 'Ius gentium' and where does it originate from?
What is 'Ius gentium' and where does it originate from?
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What influence did Aristotle's thinking have on international law?
What influence did Aristotle's thinking have on international law?
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How did the European system of states develop?
How did the European system of states develop?
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What characterized the Western community of international law?
What characterized the Western community of international law?
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What were the key developments in the Antiquity and Middle Ages related to international law?
What were the key developments in the Antiquity and Middle Ages related to international law?
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- What were the key events in central Europe during the Spanish era?
- What were the key events in central Europe during the Spanish era?
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- What concept played a crucial role in the Peace of Westphalia?
- What concept played a crucial role in the Peace of Westphalia?
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- What characterized the international community during the Spanish era?
- What characterized the international community during the Spanish era?
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- What emerged as the dominant 'law of nations' in the 17th century?
- What emerged as the dominant 'law of nations' in the 17th century?
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- What idea gained ground in the 18th century regarding natural law?
- What idea gained ground in the 18th century regarding natural law?
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- Which major powers were recognized in the expansion of international law in the 18th century?
- Which major powers were recognized in the expansion of international law in the 18th century?
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- What characterized the 19th century in terms of international relations?
- What characterized the 19th century in terms of international relations?
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- When did the Ottoman Empire become the first non-Christian member of the international community?
- When did the Ottoman Empire become the first non-Christian member of the international community?
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- Which non-European states were admitted to the international community in the 19th century?
- Which non-European states were admitted to the international community in the 19th century?
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- What characterized the field of international law in the 19th century in continental Europe?
- What characterized the field of international law in the 19th century in continental Europe?
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- What type of natural law thinking predominated in countries with a common law tradition in the 19th century?
- What type of natural law thinking predominated in countries with a common law tradition in the 19th century?
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- How did the concept of natural law evolve in the 18th century?
- How did the concept of natural law evolve in the 18th century?
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Who compiled the Codex Theodosianus, and in what year?
Who compiled the Codex Theodosianus, and in what year?
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What did Byzantine Emperor Justinian I publish in 529 AD, and how was it related to the Codex Theodosianus?
What did Byzantine Emperor Justinian I publish in 529 AD, and how was it related to the Codex Theodosianus?
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What were the Digests or Pandekts, and who commissioned their collection and publication?
What were the Digests or Pandekts, and who commissioned their collection and publication?
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What did the Corpus iuris Civilis (CIC) consist of, and how did it influence European legal culture?
What did the Corpus iuris Civilis (CIC) consist of, and how did it influence European legal culture?
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Who were the Glossators, and what method did they use to explain the Corpus iuris Civilis (CIC)?
Who were the Glossators, and what method did they use to explain the Corpus iuris Civilis (CIC)?
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What did the reception of Roman Law in the Middle Ages lead to?
What did the reception of Roman Law in the Middle Ages lead to?
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What were the regional differences in the reception of Roman Law in the Middle Ages?
What were the regional differences in the reception of Roman Law in the Middle Ages?
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When did constitutionalism emerge as a pan-European phenomenon, and what were its main objectives?
When did constitutionalism emerge as a pan-European phenomenon, and what were its main objectives?
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What were the key features of modern constitutions based on enlightened natural law thinking?
What were the key features of modern constitutions based on enlightened natural law thinking?
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Under what pressure did the monarchs of Austria and Prussia promise constitutions, and what was the outcome?
Under what pressure did the monarchs of Austria and Prussia promise constitutions, and what was the outcome?
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Study Notes
Development of Roman Law and Constitutionalism in Europe
- Codex Theodosianus, a collection of imperial laws, was compiled by Byzantine Emperor Theodosius II in 438 AD.
- Byzantine Emperor Justinian I attempted to restore the Roman Empire and published a codex similar to the Codex Theodosianus in 529 AD.
- Justinian I also commissioned the collection and publication of classic legal writings, resulting in the Digests or Pandekts, and the Institutiones as an introduction to Roman Law.
- The Digests consisted of 50 books with excerpts from original texts by late classical jurists, modified to modernize it.
- The Corpus iuris Civilis (CIC) consisted of the Codex, Digests, and Institutiones, which greatly influenced European legal culture.
- Glossators were the first jurists of the middle ages who wrote explanations to the CIC, using a scholastic method without source criticism.
- The reception of Roman Law in the Middle Ages led to the transfer of legal practice from universities to legal practice, resulting in the ius commune, a pan-European law.
- The reception did not involve a direct transfer of Roman law but gradually academized legal practice and influenced legislation and legal scholarship across Europe.
- The reception of Roman Law had regional differences, with strong reception in the Holy Roman Empire and Spain but weak reception in England due to its strong government and common law tradition.
- Constitutionalism emerged as a pan-European phenomenon from 1789 onwards, limiting the power of monarchs and ensuring the participation of the bourgeoisie in state affairs.
- The French and American revolutions marked the start of modern constitutions based on enlightened natural law thinking, establishing people's sovereignty, limited government, fundamental rights, separation of powers, and rule of law.
- Under pressure from events, the monarchs of Austria and Prussia promised constitutions in 1848, leading to the transformation of Austria into a constitutional monarchy with the "Pillersdorf Constitution."
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Test your knowledge of the development of Roman Law and Constitutionalism in Europe with this quiz. Explore the key historical events, influential figures, and the impact of Roman legal principles on European legal culture.