POLS 3302 Chapter Notes - Chapter 1: Natural Justice
19 Jan 2020
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Document Summary
Chapter 1: the politics of law and courts in society. Shapes basic codes found in civil law countries: french civil code of 1805: was built on 3 pillars- property, construct and patriarchal family relationships. Took power away from the church and aristocracy and based it on universal ideas of natural justice. Strived to protect rights universally: german civil code of 1896: self contained body of written law. Made clear that science was left to lawyer and judge, not common person: civil law systems didn"t allow for judicial review until recently. Traditional system has been changing since post ww2. Some courts are now playing more dynamic role in interpreting law and making policy. b. Inquisitorial vs adversarial systems: civil law systems are inquisitorial in operation because legal institutions are structured to arrive at legal truths by following specific legal procedures. All who play a role are active participants.
