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Lecture 16

lecture 16 15 11 2012.odt

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Isabelle Cochelin

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 beginningndf lex, in the way the story gets told comes after the kingship, exception made for the 2 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 • treat use like something unexistent, can reflect on, basis of which they give answers and conditions that can change • if roman legal thing isnt impressive it sbecause fo the work of jurists • emperor try to thank them by giving them the right answer wih emperors reference, a way to pull jurists into (or out of, didnt hear)imperial structure, tension never dissapears • institutions bed mouth them, ourlives impossible without institions, why do we bad mouth institutions and law • clear that tradition is not the opposite of creativity and origin, cant be creative until you master the old, cant change math until you've learnt the old • extent to which you can be original depends on extent of which youve mastered what's gone on before you • institutions a way to teach you things affectively in a short time • by the mere being institutions educate—confront your past think about your present and move on from there • institutions are the lex and jus • connection between law and institutions • by the view that law is what the state matters..doesnt affect your experience, belong to a club or team etc. You always meet a body of law that runs institution that organizes it • meet law in all spheres of life • apart from laws which we impose upon ourselves • rules we make for ourselves • inherit this tendency to see law everytwhere • no idea what extent—move from looking at society to looking at everything else with notions of law in your head • grammar comes first than law • nothing compatible with these view, reflection on law and reflection of wrods not distinguishable • romans doing it because they were interested in this dimension of things • furst rules done by grammarians • what grammarians do is analagous to what these guys eventually do (law and isntitution) • grammarian formulates rules, then the next eprson can take a short cut and read these rules and can become a jurist • tries to establish rules based on law, so that citizens have a short cut • usefule education for young rule • muchmore suitable for romans because theyre destined by the gods to provide the world with justice • 520, onstantinople, commisions jurists to draw together rich inheritance
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