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Lecture 16

HIS220Y1 Lecture Notes - Lecture 16: Manorial Court, Wiht


Department
History
Course Code
HIS220Y1
Professor
Isabelle Cochelin
Lecture
16

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His220
15/11/2012
Law and institutions
have a bad name, your heart doesnt expand with joy when you hear these terms: law and
institutions
spent much fo your time reading laws and pondering institutions
majority of sources are law and institutions
unifying theme of what you've read and discussed, good point to stop look back and look
forward
pondering the fate of institutions
words themselves come from medieval time—law=lex, institutions-institutio, instituo, insto—
permant here i stand, something here to stay longer than most things in human hsitory
older word is jus, younger is lex—one meant unwritten, lex is written—just from rome, lex
from bible
some society supervised, describe authority as coming from below others describe it as coming
from above
ascending or descending form of authority
will of the sovereign and will of the queen—or will of the people tax payers get to decide
just-just, legal-lex—derivative, are these two words the same ro do they differ
just and legal related but different, we wished the legal were always jsut
we know its not the case always
define what is legal in terms fo what is just
the notion of law as a fundamentally important value, life as you know it is by no means
universal, leave it lots of places you cant exist—normal for societies descending of the
medieval west, start by putting before you these kinds of words
manipulated lsot and rediscovered in course of medieval law
it goes back to beginning of roman commonwealth
interestingly the beginning of lex, in the way the story gets told comes after the kingship,
exception made for the 2nd king? Or hting?
Expulsion of last king, law extinguished
explore the world to see other legal systems, fundamental document of 12 tables—contains
essential forms fo the laws, in effect the beginning of the lex and republic coincide
from now on, lex is produced by assembly of people, assembly come up with lex, not as
cyclable as jus, treat it more or less like jus
lex is what those who in love with sovereignty will produce
the assemblies produced it, eventually it was the emperor who did so
does this die\? No, jus continues to be important, law cannot be important if ti doesnt change—
lex always changes
jus can also change
romans eventually invent jurist—assume its a lawyer, but romans not an advocate, the jurist in
rome is someone hwo has had broad experience in foreighn affairs, ex high magistrate, when
gone through his career and is willing to talk to young ppl of the law, if young think hes useful
he becomes a jurist
judges done by lay judges not proffessional
write opinions and write books of different aspects of books
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