THE HISTORICAL DEVELOPMENT OF LAW - unizg.hr

THE HISTORICAL DEVELOPMENT OF LAW
UNIT 4
Read the introductory paragraphCustomary law and the first codifications, p. 25 - 26
Connectkey terms and notes and produce sentences.CUSTOMSWRITTEN CODESPUNISHMENTDEFENCESLAW MAKINGArguments/evidence explaining the position of the defendantHammurabi – Babylonian Empire – one of the earliest examples of a ruler proclaiming lawsSolon– Athens – the authority to legislateRules in the law regulating sanctionsNo written laws – problems of lasting application
TheRomanlawinEuropeafterc. 1088 AD, p. 26 - 27
ExplaintheroleoftheRomanlawatEuropeanuniversities.WhatwasthepositionofthecanonlawatEuropeanuniversities?Whatwasthetaskofglossators/commentators?
Read the text p. 26 – 27 and complete the table.
National codifications, p. 27Supply the features of the given examples of national codes.
German example – BGB, 1900not for a layperson--
THE CONTEXT for the development of these codes:Nation states and their ownnatinalcodesCodification of Justinian was replaced by several codes
Common law of EnglandComplete the notes based on the text, p. 27
-common law opposed to local _______ lawsstrong centralized monarchy contributed to the early introduction of ___________ law12th century bigger role of royal courts than _____ and ________ courtsRoman law had a small influence because common law base on ________ created by courts was already well ______ from 1400 onwardscodes and university-trained ________ less important for common lawcommonlaw jurisdictions are present in England, the US, __________________________________________
Vocabulary work – translate the phrases
legal languageto have / extend jurisdictionto be based on precedentsto rely on codescommon law jurisdictions
Part II – Historical English legal documents
I. Study the meaning of the expressionrule of the law …based on the passage of the text from apettitionin exercise II, p. 29II. Analyse therightsandprohibitionsfrom theBill of Rights(1689) and decide which of them are still relevant. You areexpectiedto explain someexamples.