Foundations of Modern Law: Mid-Term Examination

Ken Pennington Due: October 19, 1998.

1. Law can be defined as "the principles and regulations established by a government." The Latin word "ius" can be translated as "law." Discuss the meaning the of word "ius" and discuss the shortcomings of the definition of law given above from the Random House Webster's College Dictionary.

2. Define customary law.  Using the Code of Hammurabi and the Law of the Twelve Tables as examples, describe the main characteristics of codifications of customary law.  Be sure to focus on procedure, legislation, sources of law, and the role of jurists.
 

3. All legal systems must embody the principle of "certainty," but must also allow for change. Discuss the ways in which Roman law brought about change while preserving certainty. Illustrate your points with examples from Justinian's Digest.   How successful was Justinian's attempt to establish certainty in Roman law?
 

Write an essay covering each of these points. It should be typed, double-spaced, and proofread. The font should be 12 point, the margins 1" left and right, top and bottom. Please number pages (in case of an accident!).