DANCEST 805 Lecture Notes - Lecture 29: Legal Certainty, Jus Gentium, Lex Mercatoria
Document Summary
Law: multifaced, few characteristics, rules, not all rules are legal rules, examples, religious rules, etiquette rules, special organization rules, collective enforcement. Legal rules normally enforced by collective means: have specific sanctions, state enforcement. Legal rules in particular enforced by organs of the state: positive law. Laws explicitly created by means of legislation or judicial decisions. Contents of law: praetor- establishing the precise content of law, corpus iuris civilis- attempt to codify the existing roman law ( eastern europe) Iudex- determination of case facts: published on order of emperor justinianus (529-534 ad, several parts, codex-imperial legislation of several centuries, digest- collection of excerpts from writings of jurists from the period of 100bc-300ad. After fall of western roman empire: return to customary tribal law, 11-15st-reddiscovery of roman law, common law. Judicial decision often function as precedent: rule already existed. Judge created a new one: stare decisis lat. Law law that exists as social fact positive law.
