DANCEST 805 Lecture Notes - Lecture 14: Nationstates, Lex Mercatoria, Jus Commune
Document Summary
A substantial part of law exists in the form of rules. These rules do not only specify how people should behave, but they also contain definitions of terms, create competencies, and much more. Society is governed by legal rules, morality and moral rules, and rules that belong to religion, etiquette and special organizations. At present, most laws are explicitly created by means of legislation or judicial decisions. Positive law offers legal certainty in at least 3 ways: Certainty about the content of the law. Certainty that the law will be enforced. Certainty that the law will applied consistently. The law of the romans was not the law of a country or a state, but the law of a people. Since the roman people were comprised of a tribal group whose members were connected mostly by family ties, the early law of the romans was tribal law. As are most tribal laws, early roman law was customary law.
