Class 4 – Week 6
FRENCH SYSTEM
Code
o Roman Law
o 1804/1802
o French Revolution
o Freedom to contract
o Basic entitlements
o Broad/general
Statute – friction
Decree – executive
Council and state (public) and criminal (private)
Syllogistic – logical reasoning (SOCRATES); deductive, very short.
Does not have to explain anything; precedent non-existent via this
method. Published, anonymous. Applying the law AS IS; mechanical.
Rule of Law. Lack of accountability, not educational. Legislature IS
SUPREME. POLITICAL CONSTITUTIONALISM. These are VERY RARELY
PUBLISHED and when they are used they are edited heavily. (keep
in mind the judges here are elite). They can be assisted by the
academics.
Supreme Court is assisted by the Advocate General and the
Reporting Judge. Form arguments, conclusions and then rapports;
different decisions may be reached. They can depart from the code
to modernise the law in the name of equity. This UNDERMINES THE
RULE OF LAW. Adjusting to social norm.
You can study to be a judge in France.
Doctrine plays a huge part; subservient to the legislatures.
Two contradicting systems used side by side.
Code is outdated. Needs updating, every 5 years.
US SUPREME COURT
Depends on an argumentative approach; interpretation of law is
varied, based on judicial opinion; in the name of social norms.
Case law makes law, but the US SC can strike down unconstitutional
law if they wish.
The judgements are published and are very long; signed.
Opinions of academics and cases are referred to in judgements.
They have been critiqued for doing something they shouldn’t;
discussing policy related areas.
Judges in the US SC appease legislature but can be critiqued for
abusing their power of striking it down too where needed.
FRENCH SYSTEM
Code
o Roman Law
o 1804/1802
o French Revolution
o Freedom to contract
o Basic entitlements
o Broad/general
Statute – friction
Decree – executive
Council and state (public) and criminal (private)
Syllogistic – logical reasoning (SOCRATES); deductive, very short.
Does not have to explain anything; precedent non-existent via this
method. Published, anonymous. Applying the law AS IS; mechanical.
Rule of Law. Lack of accountability, not educational. Legislature IS
SUPREME. POLITICAL CONSTITUTIONALISM. These are VERY RARELY
PUBLISHED and when they are used they are edited heavily. (keep
in mind the judges here are elite). They can be assisted by the
academics.
Supreme Court is assisted by the Advocate General and the
Reporting Judge. Form arguments, conclusions and then rapports;
different decisions may be reached. They can depart from the code
to modernise the law in the name of equity. This UNDERMINES THE
RULE OF LAW. Adjusting to social norm.
You can study to be a judge in France.
Doctrine plays a huge part; subservient to the legislatures.
Two contradicting systems used side by side.
Code is outdated. Needs updating, every 5 years.
US SUPREME COURT
Depends on an argumentative approach; interpretation of law is
varied, based on judicial opinion; in the name of social norms.
Case law makes law, but the US SC can strike down unconstitutional
law if they wish.
The judgements are published and are very long; signed.
Opinions of academics and cases are referred to in judgements.
They have been critiqued for doing something they shouldn’t;
discussing policy related areas.
Judges in the US SC appease legislature but can be critiqued for
abusing their power of striking it down too where needed.
