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ITL, chapter 1

Chapter 1, Foundations

Chapter 1, Foundations

Set of flashcards Details

Flashcards 22
Language English
Category Law
Level University
Created / Updated 24.09.2014 / 24.09.2014
Licencing Not defined    (Introduction to law )
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What are the characteristics of Law (5)

-Legal rules

-collective enforcement (state organs)

-specific sanctions

-positive law (a law that have been laid down) --> offers legal certainty

-can be repealed

Differences between law and morality (3)

1) law is a guideline for behaviour by telling what is authorised and what is prohibited

Morality sets standards through which we can evaluate our behaviour as good, not so good, or bad.

2) morality is important for the well functioning of the society

3) laws have state enforcement

What is positive law and how does it differ from positive morality ?

Positive law is the law at have been laid down and imposed by organs of the state at all time, while positive morality  is the moral precepts and standards that are broadly accepted at a particular time and place.

What are the characteristics of roman law. (8)

-Tribal law (the law of a tribe, of the people

-Customary law 

-Historical legislator, transmitted from generations to generations

-Immutability, the law have been such and since time immemorial and will never change

-ius civile and gentium

-codification, the law written down

-Praetor and Iudex

-The Corpus Iuris Civilis

What is customary law?

Consists of guideline for behaviour that have grown spontaneously in a society in the form of mutual expectations, which after some time are accepted as binding.

What is the difference between Ius Civile and Ius Gentium ?

Ius Civile : mutual relations between members of the tribe

Ius Gentium : mutual relations between tribe members and foreigners or between foreigners among them

What is th Corpus Iuris Civilis ?

It was an attempt to codify the existing Roman law, for the Eastern Empire. 

it consisted of 3 parts : 

-the Codex :contained imperial legislation of several centuries

-the Digest : a collection of excerpts from writing of jurists 

-the Institutions : a student textbook

What are the main difference between the civil law tradition and the common law tradition ? 

Common law was used in the British Empire and Civil law was used in continental Europe.