LEGALST 153 Chapter Notes - Chapter 3: Roman Law, Sub-Saharan Africa, Industrial Revolution
30 Jan 2017
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Shapiro chapter 3: the civil law system and pre-existing legal rules. Continental legal system had code law: complete system of legal rules. Modern civil law systems of w. europe, latin america, sub-saharan africa, japan, and e. europe are based on roman legal system. Formulas of early roman law were rules shaped to specific disputes: rules were invented for the dispute. Never had a systematic and comprehensive body of law: praetorian edict was full of responses to specific situations, instead of general legal rules. Jurisconsults: legal scholars consulted by litigants or praetors when they needed assistance. Roman law is highly practical and articular, not general, systematic, or theoretical. The code of justinian/corpus juris civilis: roman empire split into two, constantinople codified roman law, emperor justinian asked legal scholars to systematize legal materials, three parts. Digest: a(cid:374)tholog(cid:455) of e(cid:454)(cid:272)erpts fro(cid:373) juris(cid:272)o(cid:374)sults" (cid:449)riti(cid:374)gs. Institutes: brief textbook to introduce new students to law.
