The historical function of law:
Law should be studied in ...
Rules are necessary to secure ..., resolve ... and achieve social ... - answer-- context
- order
- conflict
- justice
External legal history, internal legal history and legal-historical frameworks:
External legal hist...
Foundations of Law 178 - Term Two
The historical function of law:
Law should be studied in ...
Rules are necessary to secure ..., resolve ... and achieve social ... - answer-- context
- order
- conflict
- justice
External legal history, internal legal history and legal-historical frameworks:
External legal history includes all the ... that may have had an influence on the
development of law in a particular period.
Internal legal history refers to the development of ...
The legal-historical method is an exploration of ...
Legal-historical frameworks categorise the ... into particular periods and distinguish
particular schools of law and legal philosophies. - answer-- different factors
- material or substantive law
- internal legal history in the context of external legal history
- development of law
Roman law - Ancient law (753 BCE - 250 BCE):
The law was mainly ... and comprised rules of conduct and customs that were
generally accepted and handed down over a long period of time.
The most important compilation of legal rules and written source of law in the
ancient period was the ... - answer-- customary law
- Law of the Twelve Tables.
Roman law - Pre classical period (250 BCE - 27 BCE):
The Roman Republic became a .. A distinction was made between ...
Ius civile was the strict, formalistic law that applied to
Ius honorarium was formulated by magistrates by way of ....
, Ius gentium was the law of all people - it was ... It was an informal law based on ...
The praetores were Roman magistrates charged with the ... The introduced by the
praetores and still in use today include the bonorum possessio, the actio legis
Aquiliae utilis, the exceptio quod metus causa, the exceptio doli and the exceptio
pacti conventi. - answer-- world power - citizens of Rome and non-citizens
- Roman citizens
- edict or included laws not strictly defined in statutes
- customary law that applied to Romans and non-Romans - good faith (bona fides)
and equity (aequitas)
- administration of justice - legal remedies
Roman law - Classical period (27 BCE - 284 CE):
The classical period is known for its development of the ...
As a magistrate, the emperor had the right to issue edicts called constitutiones that
later had the same ...
The work of jurists broadened the scope of the law as they served on an ... The work
of the jurists became important as they were granted the right to ...
The best known jurists during this period were ... - answer-- law as an instrument to
promote equity
- validity as legislation
- advisory council that advised the emperor
- give advice (ius respondendi)
- Gaius, Papinian, Paul, Ulpian and Modestinus (the five great jurists)
Roman law - Post classical law (284 CE - 527 CE):
The post classical period coincided with the ... or the period of the absolute ... D...
divided the Roman Empire into an eastern section and a western section.
Roman law continued to exist in the ..., but was characterised by ..., the so called
vulgarisation of the law or vulgar law.
... jurists generally followed the majority of the five great jurists and did not attempt
to interpret the law themselves.
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