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- Ancient Times: Roman Law
- Law evolved from religious/secular customs (ius civile) to a system of conflict resolution adjudicated by praetors and jurists.
- Key developments include the Twelve Tables, introduction of formulas, and the ius honorarium.
- Jurists played a crucial role in shaping law through analysis and categorization, leading to abstract legal models.
- The Corpus Iuris Civilis (CIC) compiled imperial legislation, jurists' writings (Digesta), and an instructional manual (Institutes), influencing Byzantine law.
- Creation of Latin Christendom
- Christianity became the official religion, introducing a new normative system based on divine law and covenant.
- The Church underwent Romanization, adopting Roman structures and legal practices, leading to centralization.
- Heresy debates and imperial intervention against heretics solidified the fusion of Church and Empire, making Roman law an instrument of conversion.
- Early Middle Ages: An Age with No Jurists
- Characterized by extreme political fragmentation and the mixing of local, Germanic, Roman, and Canon laws.
- Early Canon Law developed under church authorities, with the papacy gaining centrality.
- Forged decretals limited secular control over church affairs and property.
- Germanic elements influenced public life and legal systems, which became more systematic and abstract over time.
- The concept of divine intervention in justice was prevalent, with ordeals being common until prohibited by the Fourth Lateran Council.
- Later Middle Ages: Birth of European Ius Commune
- Renaissance brought economic prosperity, urban growth, and expanding monarchical powers.
- A legal revolution occurred through the rediscovery of Roman texts (CIC), the scholastic methodology, and the rise of universities.
- Ius Commune, a synthesis of different legal traditions, provided a common framework for resolving conflicts and justifying monarchical power.
- English Common Law: Developed through royal jurisdiction, writs, and pleading.
- Initially a collection of remedies, it evolved into a system of rights of Englishmen, with judges playing a central role.
- The Magna Carta (1215) and later Parliament sought to limit royal power and safeguard common law.
- Early Modern Period: Crisis and Reaffirmation
- The premise of ius commune was challenged by political/religious fragmentation (Protestant Reformation) and Legal Humanism, which criticized scholasticism and emphasized historical context.
- Monarchs sought to write down customary law, leading to its standardization and eventual replacement of ius commune.
- English Common Law Reinvention: Coke championed it as an ancient, customary law independent of the king, contrasting with royal claims.
- From Ius Gentium to Natural Law: European expansion overseas led to discussions on applicable law and justification for colonial actions.
- Francisco Vitoria's Second Scholastics redefined ius gentium as a universal natural law, regulating relations between Europeans and natives.
- Natural Law, rooted in reason and self-evidence, became central to Enlightenment thought.
- Modernity: North American & French Revolutions
- North American Developments: Colonists rebelled against British rule, asserting natural/ancient rights.
- Foundational documents (Declaration of Independence, Federal Constitution, Bill of Rights) established a new legal order with separation of powers, inherent rights, and a sovereign constitution.
- French Revolution: A radical transformation abolishing feudalism, declaring rights of Man and Citizen, and establishing a unified, rational legal system.
- Key changes included unification of the legal subject (equality), property rights, and undivided sovereignty, influenced by Enlightenment philosophy.
- The revolution established legislation by a National Assembly as the supreme normative source, guided by reason and the will of the people.