Exercise 2

The following table represents the criteria used to compare the legal systems. Complete the table according to the information from the text.

	CIVIL LAW	COMMON LAW
The founder
Origin
Basic sources
Basic principle
Role of precedent
Making decisions judges

Exercise 3

Compare the ideas in the table using the connectors and links from the text.

1. The founder ……

2. While the origin of Civil Law is ……. the origin of Common Law is …..

3. Precedents and codified laws are the sources of both ………. and …… However, Civil Law applies …… whereas ……

Speak about the civil law characteristic features and then about common law features.

DEVELOPMENT

The criteria by which the two legal systems have been compared need to be studied more closely and discussed using additional information.

The first criterion

Exercise 4. Pairwork.

Origin

Work with a partner. Student 1 reads the text about the origin of civil law; Student 2 reads the information about the history of common law. Then each Student closes the text, and looking at the brief notes below the texts tells the partner about the origin of the particular law.

Student 1

The term civil law derives from the Latin ius civile, the law applicable to all Roman cives or citizens.

The civil law originates from classical Roman law, and in particular Justinian law (6th century AD), and further developed in the late Middle Ages under the influence of canon law.

Emperor Justinian wanted to save in writing all the laws that began in ancient Rome. In ancient Rome, those laws were called the Twelve Tables. Emperor Justinian collected up all the old laws, and added new ones that gave his people even more rights. He called this body of law the Code. One of the laws in Justinian's Code stated that a person was innocent until proven guilty.

Roman law continued without interruption in the Byzantine Empire. However, its laws became widely available in the West. It was first received into the Holy Roman Empire partly because it was considered imperial law, and it spread in Europe mainly because its students were the only trained lawyers. Continental Europe received civil law from ancient Rome and then retained it by codification, imposed for the most part by victories of Napoleon and later on by the example and great influence of the French Civil Code of 1804.

Brief Notes:

• derives from the Latin ius civile

• classical Roman law

• Justinian law (6th century AD)

• Emperor Justinian - save in writing all the laws that began in ancient Rome

• the Twelve Tables

• collected old laws, and added new ones - more rights to people

• the Code.

• One of the laws - person was innocent until proven guilty

• Roman law widely available in the West

• spread in Europe mainly because

• Napoleon - the French Civil Code of 1804

Student 2

Prior to the Norman Conquest of England in 1066, there was no unitary, national legal system. Before 1066 the English legal system involved a mass of oral customary rules, which varied according to region.

After the Norman invasion there were still many different types of court apart from the royal. It was during Henry II's reign that the churchmen in his court began specializing in legal business and acting in a judicial capacity.

In 1154, Henry II established common law by creating a unified court system ‘common’ to the country Judges of the realm went on regular journeys throughout the country bringing the King's justice to every citizen. Their aim was that there should be a common system of law throughout the land, hence the laws became known as the common law. The traveling judges formed a nucleus of judges with national jurisdiction who had no local roots. In time the decisions of the judges were written down. As the decisions of these courts came to be recorded and published, so the practice developed where past decisions (precedents) would be cited in argument before the courts and would be regarded as being of persuasive authority.

Brief Notes

• the Norman Conquest of England in 1066

• no unitary, national legal system.

• the English legal system involved a mass of various oral customary rules.

• After the Norman invasion - many different types of court

• In 1154, Henry II established common law by creating a unified court system ‘common’ to the country

• Judges went on journeys

• brought the King's justice to every citizen.

• aim - there should be a common system of law throughout the land

• decisions of the judges were written down and published

• so past decisions were cited in argument before the courts and regarded as being of persuasive authority.

The second criterion

Exercise 5

Founder

Read about the founders and answer the questions

What do you know about the founders of the legal systems?

When did each live?

Why did Justinian codify the existing laws?

How did Henry II do the reform?

Justinian I

Byzantine Emperor

Justinian I, commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and re-conquer the lost western half of the historical Roman Empire. Wikipedia: Born: 482 AD, Tauresium

Emperor Justinian's desire that existing Roman law be collected into a simple and clear system of laws, or "code" led him to reform Roman law.

Died: November 14, 565 AD, Constantinople, Turkey