Vocabulary and Definitions of Law: The Roman Law Foundations |
Detail from Tomb of Mondino de' Liuzzi ( 1326), sculpted by Roso (Boso) da Parma, Church of San Vitale, Bologna |
The Ius commune
Vocabulary of Law: Ius (iuris), Lex (legis), Droit, Derecho, Diritto, Direito, Recht, Prawo, Ustawa
Custom (Consuetudo - Mos [moris,
mores]), written and unwritten
Legislation: statutes, constitutions,
plebiscites, laws, ordinances
Transcendental legal systems:
Ius gentium, ius naturale, religious law, moral and ethical norms
Definitions of Law: Definitions of Law 1 Definitions of Law 2 Definitions of Law (Foreign)
Positive law (ius positivum), John Austin (legal positivism)
Jefferson on Natural Law and Natural Rights
Ken Pennington, Lex naturalis and Ius naturale
General Differences between the Common Law and Civil Law Tradition (The Ius commune)
1. Codification
- Case Law, Court
Decisions,
and Stare
decisis
2. Role of Jurists (Lawyers and Jurists) 3. Educational Methodology and Goals 4. Role of Judges: Arbitrator - Investigative 5. Procedure: Adversarial - Inquisitorial The best book on the differences between the civil and common law systems is John Henry Merryman, The Civil Law Tradition: An Introduction to the Legal Systems of Western Europe and Latin America (2nd Edition; Stanford: Stanford University Press, 1985) |