LAWG 100D1 Lecture Notes - Lecture 4: Precedent, Adversarial System, Public Law
23 Jan 2018
School
Department
Course
Professor
Document Summary
Historical overview: the civil and common law: goal: understand the historical development of different legal traditions, more than just the civil and common law systems; religious, indigenous, etc. Civil law: (of the professor, academic: what does it mean to belong to the civil law tradition, france, louisiana, germany, scotland (no cc), south africa (no cc), japan, vietnam, Iudex = individual cases are decided by this lay judge without any legal training: praetor = office that controls the access to iudex, which requires that your case be set up in a very specific way. Europe formally under roman law returned to their chthonic/ oral tradition: why did it remerge, creation of the university (1088, mainly taught theology and law. First students study the ancient roman texts, in particular justinian"s digest. Law study become focused on textual interpretation and exposition. Law graduates go into politics, legislation, administration, and ultimately become very powerful.
