100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached 4.2 TrustPilot
logo-home
Summary

Sources of Law Summary

Rating
-
Sold
-
Pages
6
Uploaded on
15-10-2018
Written in
2018/2019

Very well structured summary.Definitions of the main concepts. Explanation of the core elements of this Chapter. Technical concepts explored in a detailed way.A great source for preparation for the Introduction to Law exam!Good readings!

Show more Read less
Institution
Course









Whoops! We can’t load your doc right now. Try again or contact support.

Connected book

Written for

Institution
Study
Course

Document information

Summarized whole book?
No
Which chapters are summarized?
Chapter 1
Uploaded on
October 15, 2018
Number of pages
6
Written in
2018/2019
Type
Summary

Subjects

Content preview

CHAPTER I: SOURCES OF LAW




I. MAIN CHARECTHERISTICS OF LAW:

 Exists in the form of legal rules( different from moral rules such as Etiquette or religion)

 Can be enforced by collective means, more specifically, by organs of state which have very

specific sanctions

 It is created by means of legislation or judicial decision, written down and therefore is

called Positive Law

 It offers LEGAL CERTAINTY:

o About the CONTENT of the law ( the law is what is written down and not what a

person thinks it is right or wrong in its moral point of view)

o That the law will be ENFORCED( by the competent organs of the State and not by

the parties involved)

o That the law will be applied CONSISTENTLY ( similar cases are treated in a similar

way)

II. ROMAN LAW:

 TRIBAL COSTUMARY LAW:

o ‘Law of a people’ due to the organization in small groups of tribes

o Guidelines for behaviour, very close to moral principles

o Spontaneous

o Based on mutual expectations

o Transmitted from generation to generation which could lead to misinterpretations

o Supposed to be immutable

o Unwritten




 CODIFICATION

o The process of writing down the law

o Sum of customary law and law that was therefore created through legislation

, o It became harder for those from upper classes to manipulate the law because now

the law could be inspected by anyone who could read

 PRAETOR

o First approach

o Interprets the law

o Writes down the formula, a legal instruction, if he founds that the case would have

a successful outcome

 IUDEX

o Reads the formula

o Determines the veracity of the case

o Checks the facts of the case

o Advised by laymen

 JURISTS

o Gives advice to the Praetor

o Gives advice to the process parties

 THE CORPUS IURIS CIVILIS

o The barbarian invasions precipitated the collapse of the Western Roman Empire (

455 CE), however the Eastern part survived until 1453

o Emperor Justinianus

o Attempt to codify all the existing Roman Law

o Divided in three parts

 Codex ( imperial legislation)

 Digest ( collection of jurists writings)

 Institutions ( student textbook)

III. COMMON LAW

 Not influenced by Roman Law as much as the Continental countries

 Affected by the fact that the Germanic tribes brought back the tribal customary law

 Attempt to codify all the customary law existing

o Royal representatives – who travelled all over England and applied the same

law everywhere

o Creation of Central courts of Justice- facilitated the application of UNIFORM

law everywhere in England
$3.60
Get access to the full document:

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Get to know the seller
Seller avatar
vidasilva2000
5.0
(1)

Get to know the seller

Seller avatar
vidasilva2000 Maastricht University
Follow You need to be logged in order to follow users or courses
Sold
4
Member since
7 year
Number of followers
3
Documents
10
Last sold
3 year ago

5.0

1 reviews

5
1
4
0
3
0
2
0
1
0

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Frequently asked questions