POLI 320 Lecture 8: Feb-2.-Chapter-5-Roman-Civil-Law
8 Mar 2017
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Document Summary
The civil law tradition: emerged originially out of roman empire, re-emerged in 11th century ce. Tradition that had two major periods of development. Not a void didn"t disappear because roman empire declined just lost prominence and supremacy on a global scale, and then re-found and re- emerged in 11th century: key element of civil law. Codification (roman invention: author wants us to question where it comes from; not a distinct. First set of rules governing how interpersonal disputes were to be decided in rome. Governing structure in rome appointed certain nobles to decide. Early judiciary individual cases: peasants could not access nobles; thus new class of creators for these. Intermediary person that decided if your case is worthy of being brought peoples: praetor. For the average individual to court to noble not them who decide the case for you: guiding principles vs. normative legislation, benevolence was guiding principles. No uniform structure beyond that vague principle.
