Roman Law and Constitutionalism in Europe Quiz

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Questions and Answers

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?

Sabinians and Proculians

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?

It didn't affect the legal unity, as the citation law was enacted by both Emperors Signup and view all the answers

Explain the Pillersdorf Constitution and its main features.

The Pillersdorf Constitution was established in 1848 and featured a two-chamber parliament, absolute veto power for the emperor, and joint legislation by the Parliament and the monarch, with the monarch required to sign every bill for it to become law. Signup and view all the answers

What was the concept of ministerial accountability under the Pillersdorf Constitution?

Ministers could be held accountable for law violations, but the monarch himself remained unaccountable. Signup and view all the answers

How did the development of constitutionalism in Austria compare to other European countries?

It was a late development compared to other European countries. Signup and view all the answers

What are the constitutional principles that developed in England over centuries?

Constitutional monarchy, parliamentary sovereignty, and rule of law. Signup and view all the answers

Explain the concept of rule of law in Austria.

Similar to the German “Rechtsstaat”, with an independent court for effective complaint filing and the state bound by the law in its actions. Signup and view all the answers

What were the key developments in the establishment of rule of law in Austria?

Monarch bound to the constitution and laws, independence of the judiciary, and foundation of administrative court in 1876. Signup and view all the answers

What is 'Ius gentium' and where does it originate from?

Common law principles applicable to all peoples, derived from “nature” in antiquity, including inviolability of the envoy and common use of the seashore. Signup and view all the answers

What influence did Aristotle's thinking have on international law?

Influence of Aristotle's thinking on international law. Signup and view all the answers

How did the European system of states develop?

Development from feudalistic structures to independent states entering into relations under international law. Signup and view all the answers

What characterized the Western community of international law?

Large Christian kingdoms as individual sovereign states, and the significant loss of power of the papacy due to the Western Schism. Signup and view all the answers

What were the key developments in the Antiquity and Middle Ages related to international law?

Influence of Aristotle's thinking on international law and the gradual development of ius gentium. Signup and view all the answers

What were the key events in central Europe during the Spanish era?

The key events were the Peace of Augsburg in 1555 and the Thirty Years' War leading to the Peace of Westphalia in 1648. Signup and view all the answers

What concept played a crucial role in the Peace of Westphalia?

The concept of sovereignty played a key role in the Peace of Westphalia, leading to increased sovereignty for major principalities. Signup and view all the answers

What characterized the international community during the Spanish era?

The international community of the Spanish era was primarily composed of European Christian states, resembling the community in the Middle Ages, but with the addition of new European powers like Sweden and the Netherlands. Signup and view all the answers

What emerged as the dominant 'law of nations' in the 17th century?

"Ius gentium" (law of nations) emerged as the 'law of nations' dominated by modern natural law thinking and evolved into the law of reason. Signup and view all the answers

What idea gained ground in the 18th century regarding natural law?

The idea that natural law could take on different shapes depending on time and space gained ground, leading to the synthesis of natural law and the Enlightenment in the 'law of nations.' Signup and view all the answers

Which major powers were recognized in the expansion of international law in the 18th century?

The Russian Empire and the USA were recognized as major powers in the expansion of international law in the 18th century. Signup and view all the answers

What characterized the 19th century in terms of international relations?

The 19th century was characterized by the emergence of nation-states and the independence aspirations of former colonies, as well as the rise of the USA to a regional power and continued imperialism, particularly in Africa. Signup and view all the answers

When did the Ottoman Empire become the first non-Christian member of the international community?

In 1856, the Ottoman Empire became the first non-Christian member of the international community. Signup and view all the answers

Which non-European states were admitted to the international community in the 19th century?

Non-European states like Japan, China, Persia, and Siam were admitted to the international community in the 19th century. Signup and view all the answers

What characterized the field of international law in the 19th century in continental Europe?

The rise of positivism characterized the field of international law in continental Europe in the 19th century. Signup and view all the answers

What type of natural law thinking predominated in countries with a common law tradition in the 19th century?

Modern natural law thinking predominated in countries with a common law tradition, such as Great Britain and the USA, in the 19th century. Signup and view all the answers

How did the concept of natural law evolve in the 18th century?

The concept of natural law evolved in the 18th century to take on different shapes depending on time and space, leading to the synthesis of natural law and the Enlightenment in the 'law of nations.' Signup and view all the answers

Who compiled the Codex Theodosianus, and in what year?

The Codex Theodosianus was compiled by Byzantine Emperor Theodosius II in 438 AD. Signup and view all the answers

What did Byzantine Emperor Justinian I publish in 529 AD, and how was it related to the Codex Theodosianus?

Byzantine Emperor Justinian I published a codex similar to the Codex Theodosianus in 529 AD in an attempt to restore the Roman Empire. Signup and view all the answers

What were the Digests or Pandekts, and who commissioned their collection and publication?

The Digests or Pandekts were a collection of classic legal writings commissioned by Justinian I, consisting of excerpts from original texts by late classical jurists, modified to modernize it. Signup and view all the answers

What did the Corpus iuris Civilis (CIC) consist of, and how did it influence European legal culture?

The Corpus iuris Civilis (CIC) consisted of the Codex, Digests, and Institutiones, and greatly influenced European legal culture. Signup and view all the answers

Who were the Glossators, and what method did they use to explain the Corpus iuris Civilis (CIC)?

The Glossators were the first jurists of the middle ages who wrote explanations to the CIC, using a scholastic method without source criticism. Signup and view all the answers

What did the reception of Roman Law in the Middle Ages lead to?

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. Signup and view all the answers

What were the regional differences in the reception of Roman Law in the Middle Ages?

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. Signup and view all the answers

When did constitutionalism emerge as a pan-European phenomenon, and what were its main objectives?

Constitutionalism emerged as a pan-European phenomenon from 1789 onwards, aiming to limit the power of monarchs and ensure the participation of the bourgeoisie in state affairs. Signup and view all the answers

What were the key features of modern constitutions based on enlightened natural law thinking?

The key features of modern constitutions based on enlightened natural law thinking included establishing people's sovereignty, limited government, fundamental rights, separation of powers, and rule of law. Signup and view all the answers

Under what pressure did the monarchs of Austria and Prussia promise constitutions, and what was the outcome?

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.' Signup and view all the answers

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.