influence on modern law Flashcards
(154 cards)
1
Q
When was the administrative separation of the Roman Empire formalized?
A
AD 395
This separation led to distinct constitutional, administrative, and theological differences between the two halves.
2
Q
What significant event occurred in the Western Roman Empire in 476 AD?
A
The fall of the Western Empire
This marked the end of the Western Roman Empire and the shift of power to the Eastern Roman Empire.
3
Q
What transformation did the Eastern Roman Empire undergo?
A
Transformed into the Byzantine Empire
This transformation marked a significant shift in culture and governance.
4
Q
What was the Corpus Iuris Civilis?
A
A codification of Byzantine law by Justinian
This codification was a foundational legal text for both Byzantine and Western legal traditions.
5
Q
What happened to Byzantine law literature after the fall of Byzantium?
A
Became available in Western Europe
The fall of Byzantium allowed Western Europe to access Byzantine legal texts.
6
Q
What contributed to the emergence of a sophisticated legal culture in Byzantine?
A
Foundation of law schools
These law schools played a crucial role in developing legal scholarship.
7
Q
What did Justinian prohibit regarding his codification?
A
Commentaries
However, translations and brief summaries were permitted.
8
Q
What language was the main language of translation for Byzantine legal texts?
A
Greek
Greek served as the primary language for legal discourse in Byzantine courts.
9
Q
What was the Legumen Ecloga?
A
A collection of laws dating from 741
It included select passages of Roman law to provide access and a simple summary.
10
Q
What is the Basilica?
A
A collection of 60 books from the 9th century
It was a comprehensive translation and reorganization of the entire Corpus Iuris into Greek.
11
Q
Under which emperor was the Basilica completed?
A
Emperor Leo the Wise
His son finished the work, marking a revival of serious legal scholarship.
12
Q
What does ‘basilica’ mean in Greek?
A
Imperial law
The term reflects the authority and significance of the legal collection.
13
Q
What is the Hexabiblos?
A
A legal text produced in 1345
It consists of 6 books and provides an elementary account of Roman law.
14
Q
What political event contributed to the end of Roman law in practice?
A
The fall of the Eastern Empire in 1453
This event marked a significant turning point in legal history.
15
Q
What happened to Byzantium during the 2nd Crusade?
A
Sacked on the way back
This event was particularly encouraged by Venice, a major trading hub.
16
Q
Fill in the blank: The law school in Beirut was destroyed after an _______.
A
earthquake
This destruction led to the loss of high legal academic culture in the East.
17
Q
What does Vulgar Law refer to?
A
A debased, simplified, or popularized form of Roman law that evolved in Western Europe after the fall of the Western Roman Empire
Vulgar Law is also known as ius vulgare in Latin.
18
Q
When did the Western Roman Empire collapse?
A
476 AD
The deposition of Romulus Augustulus marked the end of the Western Roman Empire.
19
Q
What happened to Roman institutions after the fall of the Western Roman Empire?
A
Centralized Roman institutions faded
This led to a mix of local customs and fragments of Roman legal tradition.
20
Q
How did Vulgar Law differ from classical Roman law?
A
Vulgar Law was more flexible, less systematic, and adapted to local needs and barbarian traditions
Classical Roman law is exemplified in the Corpus Juris Civilis.
21
Q
What is an example of a famous barbarian law code?
A
Lex Salica (Franks) or Breviary of Alaric (Visigoths)
These codes show the influence of Roman law adapted to new political realities.
22
Q
What legal aspects did Vulgar Law lose compared to Roman law?
A
Emphasis on procedure, formal contracts, and rigorous legal reasoning
Vulgar Law moved toward practical outcomes.
23
Q
What characterized the development of Vulgar Law?
A
It became simpler, less technical, and more localized due to the power vacuum after the fall of the Western Roman Empire
The classical Roman legal tradition began to ‘vulgarize’ in this context.
24
Q
What role did Germanic kings play in the evolution of Vulgar Law?
A
They respected Roman law to some degree but adapted it to their own needs mixed with tribal customs
Kings like Odoacer and the Ostrogoths, Visigoths, Franks, etc., were instrumental in this process.
25
What type of legal tradition did Vulgar Law primarily remain as?
Customary and oral in many places
## Footnote
It was only gradually written down.
26
Fill in the blank: The fall of Romulus Augustulus and the Western Empire created the conditions for ______ to arise in medieval Europe.
Vulgar Law
27
True or False: Vulgar Law evolved into a highly technical legal system similar to classical Roman law.
False
## Footnote
Vulgar Law became simpler and more localized instead.
28
What trend characterized the late Medieval Period in Western Europe?
Increasing Romanization of law and legal institutions
## Footnote
This trend marked a revival of Roman law during a time when it was at risk of being forgotten.
29
What is the term used to describe the common law that emerged from the revival of Roman law?
ius commune
## Footnote
Ius commune refers to the common legal framework that developed in much of Western Europe.
30
What did the revival of Roman law supplement or replace during the late Medieval Period?
Feudal, customary law
## Footnote
The revival signified a shift towards a more theoretical basis for legal action.
31
What was one major intellectual shift indicated by the reception of Roman law?
From acting out of unconsidered habit to acting on the basis of theory
## Footnote
This shift represented a rationalization of legal processes.
32
How did the reception of Roman law vary across different countries?
No two countries experienced identical development
## Footnote
Areas where Roman law never died out saw gradual reception, while other regions had delayed and sudden changes.
33
What is argued to have sparked the reception of Roman law in the 16th century?
Developments in the legal systems of the Holy Roman Empire
## Footnote
This period is often seen as a turning point for the adaptation of Roman law.
34
What earlier phenomenon is suggested to have contributed to the reception of Roman law?
Germanic tribes borrowing from Roman law
## Footnote
This borrowing laid the groundwork for later legal developments.
35
What late phase of legal development is associated with the era of modern codification?
The emergence of various national codifications of law
## Footnote
This phase occurred from the mid-18th century to the end of the 19th century.
36
What are the three phases of the reception of Roman law?
1. Scientific rediscovery of Roman law in Italy
2. Rise of nation states and national legal systems
3. Emergence of national codifications of law
## Footnote
Each phase represents a significant evolution in the legal landscape of Europe.
37
What impact did the scientific rediscovery of Roman law have on European legal culture?
It became the backbone of a common European legal culture
## Footnote
The principles and structure of Roman law were integrated into medieval learned law.
38
What critical evaluation emerged regarding the universal applicability of Roman law?
First by legal humanists, then by supporters of secularised natural law doctrine
## Footnote
This evaluation marked a shift in how Roman law was perceived and applied.
39
What influence did the adoption of codes like the French and German have on the reception of Roman law?
Resulted in a late Reception of Roman law outside Western Europe
## Footnote
This influence continues to be felt in many legal systems worldwide.
40
Fill in the blank: The Romanist code in Louisiana followed the _______.
civil law
## Footnote
This code was influenced by Roman law despite the distaste for civil law after the American Civil War.
41
What does 'renaissance' refer to in the context of the 11th-12th centuries in Italy?
Intellectual and artistic movement
## Footnote
Associated with the gradual relaxation of feudal structures, rise of towns, and increase of trade.
42
What was revived during the renaissance period in Italy?
Study of Roman law
## Footnote
This revival contributed to the rise of professional jurists.
43
Which university is noted for the study of law as an autonomous discipline?
Bologna
## Footnote
It was part of the law schools in northern Italy.
44
What was the Investiture Contest?
Disputes between the Pope and Holy Roman Emperor over the appointment of bishops
## Footnote
Part of a larger controversy about ecclesiastical and secular jurisdiction.
45
What key text was rediscovered during the Investiture Contest?
The Digest
## Footnote
Its analysis was led by scholars at Bologna.
46
What analytical device did the Glossators commonly use?
Adding brief comments in the margins of texts
## Footnote
This was to explain difficult points and make distinctions.
47
How did the Glossators reintroduce scientific method into the study of Roman law?
By using reason to explain and justify authority
## Footnote
Similar to the methods of Roman jurists.
48
What is the 'Glossa Ordinaria'?
A work containing some 97,000 entries accepted as the standard commentary of Justinian’s codification
## Footnote
It became an indispensable textbook for practitioners.
49
What type of large-scale commentaries were produced by the Glossators?
Summa Codicis
## Footnote
These commentaries were significant in legal education.
50
What was the impact of the Bologna scholars on European education?
Roman law became the focus of law as a university subject
## Footnote
Their work spread to universities of Paris and Oxford.
51
What was a limitation faced by the glossators?
Lack of clear grasp of Roman Empire history
## Footnote
They sometimes made speculative and historically unsound observations.
52
True or False: The Glossators attracted students from all over Europe.
True
## Footnote
They regularly lectured on their work.
53
Fill in the blank: The exposition of the corpus iuris became part of the _______.
Intellectual mainstream of early medieval Europe
## Footnote
This development was crucial for legal education.
54
What is canon law primarily concerned with?
Ecclesiastical decrees related to the administration of the church, doctrinal issues, and jurisdiction over matters such as marriage and wills.
55
Who was instrumental in the transformation of canon law into a science during the late medieval period?
A monk called Gratian.
56
What significant work did Gratian produce in 1140?
A systematic compilation of the canons in the church.
57
Was Gratian's compilation officially promulgated as law?
No, it was unofficial and never promulgated as law.
58
What advantage did canon law have over civil law?
* Direct application in ecclesiastical courts
* Civil law had subsidiary application only where local customary law proved ineffective.
59
How was Gratian’s Decretum different from Justinian’s codification?
Gratian’s Decretum was not a closed compilation; popes and others were adding material.
60
Why is it said that canon law could not be understood without studying Roman law?
Because of their close relationship.
61
List some similarities between canon law and Roman law.
* Both systems were founded on written law
* Bologna was the leading centre for both
* Used similar methods
* Clerics in the church often studied both.
62
What is the unofficial name given to the classical body of canon law?
'corpus iuris canonici'.
63
How does the corpus iuris canonici compare to the corpus iuris civilis?
Very similar in structure and function.
64
How did spiritual courts apply Roman law?
In the absence of law of their own.
65
How did secular courts interact with canon law?
They applied the general principles of canon law.
66
What contributed to the revival of Roman law?
Many leading clerics were versed in Roman law.
67
What procedure was prevalent in ecclesiastical courts, particularly in matters of marriage and wills?
Cognitio procedure.
68
What significant shift occurred in the study of Roman law from the late 13th century onwards?
Influence of the academic revival of Roman law in universities on the law of the time
## Footnote
The law was largely a mixture of feudal custom and remnants from the codes of vulgar law in the dark ages.
69
Who were the scholars of the later medieval period known as?
Commentators
## Footnote
They aimed to adapt Roman law for contemporary use.
70
What was the primary focus of the commentators in contrast to the glossators?
Constructing a system of law suitable for the needs of 14th century Italy
## Footnote
They adapted texts to their time and distilled legal principles from them.
71
What two main forms did the commentators' work take?
* Extensive commentaries on Justinian's codification
* Collections of opinions on specific legal problems
72
How did the commentators interpret Roman texts compared to the glossators?
More freely, taking into account local statute and custom
73
Who was Bartolus de Saxoferrato?
One of the greatest medieval jurists with a huge influence on Roman law in Europe after the Middle Ages
74
What generation did Bartolus belong to?
Post-Glossators or Commentators
75
What was Bartolus known for in relation to Roman law?
Adapting Roman law to solve practical legal problems of 14th-century Italy
76
What phrase became famous regarding Bartolus’ authority in law?
'Nemo jurista nisi Bartolista' (no one is a jurist unless he is a Bartolist)
77
What concept did Bartolus create related to legal cases?
Conflict of laws
## Footnote
An early form of private international law.
78
How did Bartolus influence the authority of Roman law?
Strengthened it as a common legal foundation across Europe
79
Who was Baldus de Ubaldis?
One of the most important legal scholars after Bartolus
80
What did Baldus contribute to the study of Roman law?
Systematization and organizing Roman law into a more coherent system
81
What was Baldus particularly important for?
Feudal law
## Footnote
He clarified property rights and vassal relationships under feudalism.
82
How did Baldus’ interpretations influence the legal system?
Considered authoritative, treated almost like a source of law
83
What role did Baldus play in legal education?
His commentaries were taught at universities like Bologna and Pavia
84
What did Baldus help preserve and adapt?
Roman law by blending it with feudal customs
85
Fill in the blank: Bartolus helped _______ Roman law to medieval society.
adapt
86
True or False: Baldus was known for separating Roman law from local laws.
False
## Footnote
He reconciled Roman law with local laws instead.
87
What significant transformation occurred by the end of the 14th century?
Roman law transformed into the European ius commune
## Footnote
The ius commune refers to a common legal system that emerged in Europe, influenced by Roman law.
88
What was the main focus of the School of Orléans?
Studied Roman law in a theoretical and literary way
## Footnote
Unlike the School of Bologna, which focused on practical applications.
89
How did the School of Orléans treat Roman law?
As classical literature and a source of reasoned legal principles
## Footnote
This approach emphasized interpretation and admiration rather than mere application.
90
What broader legal ideas did scholars at Orléans seek to understand?
Aequitas (fairness) and ratio (reason)
## Footnote
This understanding made Roman law more adaptable to contemporary society.
91
How did the School of Orléans connect Roman law to other legal systems?
Connected Roman law to canon law and royal law
## Footnote
This blending was especially notable under kings like Philip Augustus and Louis IX.
92
What impact did students from the School of Orléans have on national laws?
They became royal officials, bishops, and judges, shaping national laws
## Footnote
Their work helped integrate Roman legal principles into the laws of kingdoms.
93
What was a key contribution of the School of Orléans to Roman law?
Helped preserve and reinterpret Roman law as a living body of ideas
## Footnote
This included connecting it to royal power and broader humanistic culture.
94
What factors furthered the creation of an ius commune?
Commentators, School of Orléans, glossators
## Footnote
These groups played a significant role in the evolution of legal thought.
95
What type of change was more evident in the legal systems during the transformation to ius commune?
Change in structure and procedure of legal systems
## Footnote
The transformation was also reflected in the methods of thinking adopted by lawyers.
96
What economic and political factors contributed to the Romanization of law?
Growth of statehood and the appeal of Roman law to rulers
## Footnote
Roman law was seen as centralized, secular, and authoritative.
97
Why did growing merchant classes find Roman law attractive?
It provided a surer legal basis for mercantile endeavors
## Footnote
This was in contrast to outdated, fragmented customary laws.
98
What advantage did written Roman law have over customary law?
It had clearly identifiable sources, giving it legal authority
## Footnote
This written nature made it more reliable than customary laws.
99
Was the change from feudal custom to Roman law sudden?
No, there was no sudden metamorphosis
## Footnote
The change was gradual and influenced by various factors.
100
What role did individual rulers play in the reception of Roman law?
They staffed their highest courts with jurists trained in Roman law
## Footnote
This practice increased reliance on skilled advocates trained in Roman law.
101
What was an important factor in the reception of Roman law in several countries?
Staffing of appellate courts by judges trained in Roman law
## Footnote
This practice contributed significantly to the legal landscape beyond Germany.
102
What was the significance of the school of Orleans in legal education?
It was a major center for legal studies in France.
103
What was the primary legal tradition in the southern regions of France?
The land of written law influenced by Roman law.
104
What characterized the northern regions of France in terms of legal development?
The land of customary law mainly based on Frankish custom.
105
What was the impact of geographical proximity to Italy on French law?
It facilitated the influence of Roman law in southern France.
106
What were the reasons for the limited reception of Roman law in France?
Application of customary law by royal courts, codification of laws, and suspicion from French kings.
107
What was the humanist revival of the 16th and 17th centuries?
A cultural and intellectual re-evaluation of classical cultures of Greece and Rome.
108
What did 'legal humanism' react against?
The aims and methods of commentators which distorted Roman law.
109
Who was Robert Joseph Pothier?
A French jurist and law professor, key founder of modern French civil law.
110
What did Pothier do to Roman law?
Systematized it into clear, logical French.
111
What was one of Pothier's contributions to obligations and contracts?
He modernized Roman concepts for 18th-century France.
112
What was the impact of Pothier's work on the French Civil Code?
His works directly influenced the structure and clarity of the Code Napoléon.
113
What did Pothier help to unify in France's legal system?
He helped make law national and uniform, moving away from local customary laws.
114
Where did Pothier's influence extend beyond France?
To places like Quebec, Louisiana, and Latin America.
115
Fill in the blank: Robert Pothier was known as the ______ of Roman law.
modernizer
116
What fueled the French Revolution in the 2nd part of the 18th century?
Skepticism towards traditional systems of authority.
117
What was the aim of the French Revolution regarding legal structure?
To replace it with a simple code expressing liberty, equality, and fraternity.
118
Who drafted the French Civil Code of 1804?
A commission of four jurists trained in Roman law.
119
What foundational text was the French Civil Code based on?
Corpus Iuris Civilis, especially Justinian’s Institutes.
120
What role did Pothier play in the French Civil Code?
He greatly aided its organization and exposition.
121
What is the significance of the Code Civil?
It is widely admired and copied around the world.
122
What regions of Germany had little contact with Roman civilization in antiquity?
Predominantly the north and east
## Footnote
These areas developed their own effective customary law, enforceable by local courts.
123
What was the legal system in early medieval Germany under the Holy Roman Empire?
Local, customary, tribal law
## Footnote
Roman law was not systematically applied during this period.
124
Name two examples of customary law codes from early medieval Germany.
* Sachsenspiegel (Saxon Mirror)
* Schwabenspiegel (Swabian Mirror)
## Footnote
These codes were based on old Germanic traditions.
125
What significant revival of Roman law began around the mid-12th century?
Rediscovery of Justinian’s Corpus Juris Civilis in Italy
## Footnote
This revival marked the beginning of the reception of Roman law in Germany.
126
Which city became a center of study for Roman law in the 12th century?
Bologna
## Footnote
Scholars like Irnerius and the Glossators played a key role in this revival.
127
What types of courts began to incorporate Roman law in Germany during the reception period?
* Ecclesiastical courts
* Imperial administration
* Legal education
## Footnote
These areas facilitated the integration of Roman law into German legal practices.
128
True or False: By the 13th century, Roman law was completely dominant in Germany.
False
## Footnote
Roman law coexisted with strong local customs.
129
What was the significance of the Imperial Reform in 1495?
It marked the official reception of Roman law in the Holy Roman Empire
## Footnote
The Reichskammergericht became the highest court and used Roman law as its foundation.
130
Fill in the blank: Roman law became the ________ law of Germany.
common law
## Footnote
This is referred to as Gemeines Recht.
131
During which centuries did Roman law become dominant in German legal education?
16th–17th centuries
## Footnote
Legal training focused almost exclusively on Roman legal principles.
132
What was the primary criticism of Roman law in the 17th–18th centuries?
It was seen as too foreign, too ancient, and not suited to modern needs
## Footnote
This criticism arose alongside movements advocating for 'German law for Germans.'
133
What idea about law emerged in the 18th century?
Law should be clear, modern, national, and written down
## Footnote
This was a shift away from the fragmented and medieval nature of Roman law.
134
Who ordered the creation of the Allgemeines Landrecht in Prussia?
Frederick the Great
## Footnote
This was part of the movement away from Roman law towards codification.
135
What were the Austrian Civil Code and the German Civil Code intended to replace?
The old Roman-based Gemeines Recht
## Footnote
These codes represented a transition to modern legal systems.
136
hat type of law dominated Scotland in the 11th century?
Customary law based on Celtic and Gaelic traditions
## Footnote
This included laws of clans and oral customs regarding land, kinship, and kingship.
137
Which legal system had almost no direct influence in Scotland during the 11th century?
Roman law
## Footnote
Roman law began to influence Scotland indirectly through the Christian Church.
138
How did Canon Law influence Scottish law in the early medieval period?
Introduced Roman legal ideas, especially in marriage, wills, and church property.
139
Who introduced legal reforms in Scotland during the 12th century?
King David I
## Footnote
His reign lasted from 1124 to 1153.
140
What legal structures did King David I implement?
Created burghs and established royal sheriffs.
141
What was the role of Church lawyers in 12th–13th century Scotland?
Advisors to the crown, often trained in Roman and Canon law abroad.
142
What significant educational developments occurred in the 14th–15th centuries in Scotland?
Scottish students studied at major European universities where Roman and Canon law dominated.
143
What was the impact of the Reformation on Canon Law in Scotland?
Canon Law influence faded, while Roman Civil Law influence grew stronger.
144
Which legal scholars celebrated Roman law as part of Scotland’s legal heritage in the 16th century?
Sir Thomas Craig and Sir James Dalrymple, Viscount Stair.
145
What is the significance of the 1707 Act of Union for Scots law?
Scots law remained separate from English law.
146
In which areas did Roman law traditions survive strongly in Scotland post-Union?
Property law, obligations, and succession.
147
What are some modern principles of Scots private law influenced by Roman law?
* Ownership (dominium)
* Possession (possessio)
* Contract types (mutuum, commodatum, depositum)
* Delictual liability
148
What is meant by a 'mixed legal system' in the context of Scots law?
A legal system based partly on Roman law and partly on customary native law.
149
What key lasting impacts did Roman law have on Scots law?
* Structure and organization of legal doctrine
* Concepts of ownership, obligations, succession, and delict
* Method of legal reasoning
* Respect for civilian scholarship
150
True or False: Roman law completely displaced Scots law.
False
151
Fill in the blank: The case of Sloan Diaries Ltd vs Glasgow Corporation dealt with the risk of accidental ______ in a contract of sale.
destruction
152
What was the outcome of the case Sloan Diaries Ltd vs Glasgow Corporation?
The court decided that the missives had created a valid contract of sale.
153
According to the Lord Ordinary in Sloan Diaries Ltd vs Glasgow Corporation, when did the risk of accidental destruction pass to the purchaser?
Once the missives had been concluded.
154
What did the reclaiming motion by Glasgow Corporation in the case of Sloan Diaries Ltd vs Glasgow Corporation concern?
Whether the risk of accidental destruction passed to the purchaser.
