Cuneiform law - (the former 3000 - before 100) Ancient Mesopotamia and adjacent large areas of West Asia has the rise of the slavery laws of the State to use the general term for engraved cuneiform. br> cuneiform law development: Micro legal textbook, > ③ the law of the lack of general principles of abstraction and legislation, is used to record.
into the preamble, the paper and the conclusion of three parts. preamble declared that Hammurabi was an agent of God; the body can be divided into the court, property and marriage and other parts; conclusion part of the achievements listed Hammurabi, to console him later execution established law, people do not want to comply with the curse. code written in simple, explained the concept of fine, the law of slavery in the ancient Southwest Asia plays an important role in development, contains the essence of Mesopotamia Sumerian codes, set two rivers Great Basin ancient laws, the laws of some countries was the East had a certain impact.
phenomenon;
② private relations to adapt, adjust for a variety of new relationships;
③ ease the internal contradictions of freemen, stable social order, strengthen the rule of slave-owning class.
Code, unequal status and rights within; (A Weilu, Mushenkainu)
④ contains a large number of handicraft and commercial specifications adjustment;
⑤ save the remnants of a number of primitive communal system.
ancient India Legal - (former 1000-700)
manifestation of Brahman teachings: the Vedas, Law and Economics and the Codex.
source of law Buddhism: Tripitaka (Vinaya, the Tibetan, of Tibetan), Code,
③ openly promote social inequality, to form a complete set of the caste system;
④ convergence of law, ethics and philosophy as a whole, the Code is essentially a mixture of the three;
⑤ Code by religious people monks and Brahmin aristocracy compiled.
despot sacred right with God to maintain the rule of slave-owning class.
caste system: is a kind of caste system in ancient India. initially Dasa Aryan caste and caste divided, the four original castes emerged during slavery, that is Brahman (particular portfolio of divine right, presided over the ritual), Kshatriya (hold important government official, in charge of military and administrative power), Vaishya (mostly farmers, herders, craftsmen and merchants), Sudras (the vanquished, bankrupt and loss of land and its people.) later in the Sudras and the middle and Vaishya castes and hybrids derived from many Asian last name, last name in the status of hybrids as the lowest generation of each other, never change; caste endogamous; inter-caste and do not mix, different castes in the legal status, rights and obligations and other aspects of inequality; in religious and social aspects of life there are strict distinction.
ancient India religious law, in what aspects?
renewable and non-renewable one person (the Sudras shall not participate in religious activities and can not get a second chance at life, only the law applicable to the whole territory, long-term separation;
② statute appeared earlier, from the clan into the national process, many city-states had legislation;
③ from neighboring Egypt and West Asia to draw the experience of the law, they have great influence on Roman law;
④ lack of research on the theory of law, not in theory achieve deep levels;
⑤ be extended to the city for the establishment of colonies in various places.
Athenian democracy established, the development process:
⒈ Solon legislative reform to lay the initial foundation for a democratic system. (before 594)
① to the amount of property management activities as participation in national standards rather than relying on the status and the past identity;
② gradually excluded from the state organs and political elite forces began the democratization of Athens;
③ Parliament and the new jury courts four hundred men, to attract more citizens to participate in Athens, the management of state affairs.
⒉ Chris Turney legislative reforms to consolidate the democratic system tends to. (before 509) complaint system formed earlier slave trade and industry groups;
③ the majority of farmers, artisans for improving their own political status;
④ Athens several times more slaves than freemen, freedmen to ease internal contradictions can enhance the rule of the slave .
Athens duties;
③ citizens through the direct defense of the democratic system of systems, from anti-democratic forces of destruction.
Athens confined to a narrow range;
② citizens to participate in the General Assembly, although the people get benefits, but there are still many difficulties;
③ election by voting officials must meet certain conditions and to go through special review; < br> ④ ruling class, people take various measures to limit the role of the General Assembly.
Roman law - (WANG Zheng Period - Republic of the period - the Empire period) refers to all the legal slavery of Rome, Rome, slavery exists in the entire country historical period. both generated from Rome to the Western Roman Empire State, including seven centuries ago, the laws of the Eastern Roman Empire.
the origin of Roman Law: Common Law 1 (second table method), 2 people in the General Assembly (① nobility Council meeting of the corporation ③ ② hundred civilians in the meeting) the laws, the Senate passed a resolution 3, 4 Executive's notice to answer jurists 5, 6 King's Royal Decree (Chile encyclical, Chile Conference, Albrecht A., Albrecht said), 7 codification. Wang Zheng period 1, Republic of the period 1-5, Empire 1-7.
two schools of ancient Rome (普罗库路士, Shabinushi) five scientists (Gaiyou Si, ur more than On Mao Te Siding)
Civil Law and Executive Law (Magistrates Act).
Roman subjects of rights: natural persons, legal persons
; personality by such > Law matter (Rui) concept and classification (to transfer material and a little style-type transfer of property, there was no physical things and physical things, movable and immovable property)
property concepts, classifications (for property and human rights , since the property and his property), type (ownership, easement land rights, Permanent Tenancy, security interest )
Roman Jurists summed up the legal ownership of the three characteristics: absolute, exclusive, sustainability.
content and form of ownership: public ownership of law, the magistrate law ownership, ownership of the law of nations, unified unrestricted ownership.
Law Peel relatives; (with the husband the status of marriage, the spouses and children in the same)
② lineal ascendants and brothers and sisters;
③ whole or half brothers and sisters;
④ other side Department of blood;
⑤ spouse. (This refers to the husband the right to marriage without the spouse)
concept and characteristics of debt: Tennyson Code wrongful act (Private guilty of) the relationship between debt
occurred on contract classification of Roman law: ① to property; ② oral; ③ instruments; ④ contract agreement.
the Roman law of quasi contract, including: None for management, monitoring, a total of, bequest, etc..
br> Roman scientists will be divided into prosecution and private action litigation.
private action in the form of Roman law: the legal proceedings, programs, litigation, particularly litigation.
Roman influence:
Three Modern Western Law Great sources: Roman law, Germanic law, canon law
Germanic law - refers to the 5-9 century AD During the feudal system of Europe for the early Germanic law. The nature of the feudal period of the formation and consolidation of the law.
Xuan who legal; ④ focus on form, focus on the external performance of legal acts; ⑤ secular law.
Germanic law of legal development in Western Europe: ① the influence of Western European feudal law; ② of the law of modern capitalism.
Germanic law, the different ownership and Roman law:
Germanic law during the land ownership (real estate ownership) exist: ① Free Farmers (Marc commune members) land ownership; ② teach secular noble large land ownership.
publicly intention; ② symbolic delivery.
Germanic law claims characteristics: ⒈ credit system developed; (① few types of contract; ② heavy contract is entered into the form of ); ⒉ strictly protected the interests of creditors.
Germanic marriage, family system characteristics:
① generally monogamous, but polygamy nobles and kings; ② snatch the implementation of trade and marriage marriage ; ③ patriarchal practice.
Germanic inheritance system of law: legal successor will be implemented.
Germanic law distinction between crimes and violations:
① violation of the private interests of an infringement, violation constitutes a crime, the public interest; ② infringement arising from acts of private revenge, crime, the punishment by the public authority.
Germanic main features of the criminal law:
① types of crimes from less to more; ② penalty from simple to complex; ③ harm as long as the conduct and harm results to form crime, regardless of subjective intent, there is no distinction between intentional and negligent.
tort consequences: blood revenge -> Atonement Golden
judicial development:
Germanic characteristics of litigation:
① practice the principle of private prosecution but later emerged the inquisitorial of litigation; ② Evidence and privileges of the original. usually is sworn evidence, the referee and fight the gods.
the kingdom of France France - typical in Western Europe (it is in the Middle Ages the center of the feudal system in Western Europe, in its development are evident in every stage of feudalism in Western Europe and development of the basic characteristics of the law the general rule)
9-13 century legal characteristics:
⒈ Territoriality is replaced individualism; ⒉ mainly unwritten customary law practice; ⒊ law is fragmented and highly non-uniform, but was divided into northern and southern parts.
13-16 century legal changes:
⒈ customary law into the culture and the dispersion gradually reduce;
13 century private book, used to compile, rehabilitation and development of commercial law.
16-18 century changes in the law during the monarchy:
⒈ law legislation to further united by the royal family and the dispersion of customary law, there remains a serious sexual disorder;
⒉ royal legislation as a major source of law, the status of the peak;
⒊ still an important role canon law.
feudal hierarchy: the Duke, Count, Archbishop - period - ownership form (independently, lands, en to)
marriage and family and inheritance law (under the age of 30/25 30/25 full respect for the request system, the implementation of the patriarchal family, and real estate practice primogeniture)
Criminal Law (12 century ban on direct revenge but to pay redemption payments, the 14th century redemption payments should be clearly not used by the trial sentence)
justice system:
① Court Organization: Royal Court, the Lord courts, ecclesiastical courts, city courts.
② proceedings: complaints to the inquisitorial style into
③ evidence: written and oral testimony (by oath), the defendant confessions, judicial duel (13th century Prohibition).
④ found evidence on the prevalence of formalism Theory: noble testimony is evidence of improvement.
English Kingdom Law -
the concept and the formation of the common law.
common law works:
① Granville On statutes enacted by the legislature is called, including: (① King's legislation, ② congressional legislation)
statutes enacted in Medieval England: Edward I - and complementary to explain the role of case law;
② point of view in the Middle Ages from the effect of statutory law is superior to established case law principles;
③ statute applies only in the trial practice, ; before entering the British law system.
the meaning of English law of property: ① ownership of objects as ① material property; ② the property.
land ownership and characteristics of the UK: the medieval form of land tenure: ① free lease; ② not free lease (rent).
held land under the Medieval period the United Kingdom and rights of the size of the length of the formation of three kinds of property rights:
① freehold land ownership; ② limited land rights of inheritance; ③ unconditional right to inherit land.
system concept and the formation of the Trust:
UK feudal contract form: ① formal contract; ② informal contracts, or simplified contract.
in the feudal period tort law: ① famous lawsuit against the establishment of conditions for the establishment of the proceedings against unknown ② conditions < br> During the feudal family and inheritance law: the implementation of matrimonial property between Crime in the form: the 14th century to the formation of a treason, felony, misdemeanor criminal system.
litigation system evolution: complaint-type (adversarial) proceedings - British jury system reform
the size of the establishment and creation of the jury system of justice of the peace
UK.
Roman Law in Medieval Western Europe, urban and commercial law -
Medieval Europe Cause: The fundamental reason is the objective of socio-economic relations needs. direct cause for the discovery start, note the formation and role of law school; (ina left - and its contribution;
③ Roman promote the development of jurisprudence for the growth of capitalist economy provides a ready-made legal form;
③ for the emerging bourgeois struggle against feudalism provides an ideological weapon.
the formation of City Law in Medieval Western Europe and its manifestations (Legal Origin):
① charter; ② City Council; ③ guild charter; ④ customary and case law
the Middle Ages in Western Europe the basic content of the city (why that city law, related to all areas of public and private law? )
① citizen; ② the organization of the city authorities; ③ guild; ④ terms of ownership and debt.
the formation of the Commercial Law in Medieval Western Europe:
the Middle Ages in Western Europe the development of commercial law: ① common commercial period (10 - 16th century); ② national commercial law period (17-18 century).
church law - also known as (the temple law, cases of regulatory law) refers to the Roman Catholic church law general, Orthodox, other Christian denominations (Protestant Saint trade unions) of the various laws and regulations in the narrow sense refers specifically to play an important role in the Middle Ages the Roman Catholic laws.
canon law origins:
① codification;
② papal decree sets;
12 century Glasgow Chretien made the formation and evolution of the law:
① formation stage (4-9 century); ② climax stage (10-14 century); ③ decline phase (15 century).
canon law system in order to teach and their rights, obligations: the pope, archbishops, bishops, priests, monks, nuns
canon law of the idolatry; ③ not misuse the name of God; ④ shall keep the Sabbath holy; ⑤ must obey their parents; ⑥ shalt not kill; ⑦ Do not commit adultery; ⑧ not steal; ⑨ false testimony against your neighbor for no; ⑩ not covet your neighbor others wife and property. < br> canon law in the land contract system:
canon law of marriage and inheritance in the family system:
① monogamy; ② marriage agreement for the establishment of conditions for the two sides; ③ against divorce; ④ marry outside the family system; ⑤ the principle of inequality between husband and wife.
inheritance by intestate succession and intestacy two systems, but more popular intestate succession.
church law in the criminal law, litigation system: complaint-style suit - inquisitorial proceedings, the written proceedings, the Inquisition
role and influence of canon law.
Islamic law - also translated formed and developed countries on Muslim religious, moral and social life of the guidelines to be followed by the sum of the religious law of Islam, not suitable for non-Muslim residents.
generation of Islamic Law:
Islamic method development stages: ① the formation period; ② heyday; ③ twilight.
Islamic law: the four Sunni schools of teaching ① ② Marek Kazakhstan still not sent sent sent ③ ④ Shafi rare instrument Barry sent
sources of Islamic law:
① Qur'an; ② Hadith; ③ Education Law (analog, public discussion); ④ Others (Caliph of administrative law, customary law, foreign law).
Islamic law The basic features:
① close contact with Islam;
② unique path of development, teaching scientists played a major role in which;
③ strict principle and practice flexibility;
④ dispersion, messy and eclectic nature.
belief in Islamic law and rituals (Muslim obligation): Five power (read, prayer, fasting, North Korea, class), jihad, the Islamic debt
quit drinking Method characteristics: ① sale and purchase agreement is a standard contract form prevailing ② ③ performance of the contract should be strictly prohibited interest.
characteristics of Islamic family law: ① ② conditionally allow polygamous marital relations, patriarchal ③ permitted divorce. < br> features of the Islamic law of succession: ① early to give women inheritance rights; ② earlier onset of intestate succession; ③ statutory succession, inheritance by the ratio of distribution of the number of people to determine the legal successor.
features of the Islamic Penal Code:
① no general concept of the formation of a crime, no crime to tort a clear division of responsibility and open;
② the crimes classified as
③ penalty is cruel.
modern British law -
English bourgeois revolution on the inheritance and development of the feudal law:
① home 17-18 century judges, and law to explain the spirit of the ancient common law principle, to fit the requirements of capitalism;
② absorbed through the trial in case the form required for the legal system of capitalism, the common law principles of the capitalist;
③ developed a series of new laws and regulations , as supplemented and amended the old law, to make up for lack of the old law.
industrial revolution in the modern British legal system after the reform and development:
① rectify and reform the old stereotypes cumbersome proceedings;
② to streamline and reform the old court of overlapping decentralized organization;
③ developed a large number of statutory law, get rid of the remnants of feudal law and the creation of a new legal system.
basic features of English law:
① Case law is the main source of law;
② stare decisis and jurisprudence is important;
③ law judges and lawyers play an important role in the development;
④ different from the Roman Law of civil law.
12-17 century Swaffield (British Lockerbie Case Collection written constitution; ② origin of the British Constitution, the diversity and dispersion; ③ the British constitution King is the hereditary head of state; ② Parliament is the only legislature; ③ cabinet is the core leadership of the Government; ④ independent judiciary, a judge only obey the law.
⒉ provides for the basic rights and obligations of subjects.
Britain's property law: ① land legislation during the revolutionary period; ② after the revolution and land reform, the old law the establishment of an unlimited private ownership.
British contract law and contractual conditions established:
① the parties must have the capacity to conclude contracts ; ② agreement must be voluntary by both parties; ③ must have a valuable consideration; ④ content of the contract must be legal; ⑤ contract still must comply with certain legal forms.
the UK the establishment of tort law and tort conditions: < br> ① violation of the rights of others; ② unlawful act or omission; ③ should exist acts intentionally or negligently.
British family law and inheritance law:
19 century development of the UK What are the major changes in criminal law : ① crime; ② penalty.
19 century British court system and litigation organization through which the reform:
① established adversarial proceedings; ② continue to implement the jury system; ③ defense system implementation.
Modern Britain France -
trend of modern English law:
① statute and role of the proportion of the rise and becoming more systematic; (Act compilation, codification)
② English law in England, the use of outside narrow;
③ European Community law on the impact of English law.
changes in the modern British constitution:
① real power of certain adjustments, commissioned by the increase in legislation;
③ electoral reform;
④ strengthening of political parties;
⑤ the advancement of the civil service.
property law reform:
① abolished the feudal property classification, the abolition of the Transfer of land and movable property rules; ③ expanded the scope of property ownership.
British restrictions on ownership of property law, (ownership br> Changes of Contract:
① the principle of limited;
③ honesty trust principles and the effectiveness of the force majeure clause into the general principles of contract, play guide and supplement the function of contract fulfillment.
British development of tort law:
⒈ there are some The new violations; (similar to strict liability)
⒉ tort changes in conditions; (emphasis subjective malicious)
⒊ changes in the principles of tort liability.
① expanded liability without fault scope of application of the principle; ② a ; replaced by the principle of divorce in the past of the the ability of any property.
inheritance laws change:
⒈ changes in testamentary succession; (① provides that women have full testamentary capacity ② absolute freedom of the will is limited)
⒉ intestate succession changes;
⒊ illegitimate children to obtain equal inheritance rights as legitimate children.
different from the Roman Germanic Law Commercial Law Commercial Law Department of the characteristics:
① UK there is no uniform Commercial Code, and thus it with other departments boundaries of the law is not very clear;
② Sources of Commercial Law in the practice of an important role.
the development of British intellectual property law: ⒈ industrial property rights; (① ② industrial designs, patents ③ trademark) ⒉ copyright.
the development of the British Law:
① nationalization decree by the direct control of the national important industrial and public utilities;
② countries through financial and other measures to control and influence the country's industrial development process;
③ countries through the maintenance of restrictive trade legislation, and the monopoly and merger controls;
④ state law by protecting the interests of consumers to manage the retail business.
changes in English criminal law:
⒈ crime: < br> ① abolished on the classification of felony and misdemeanor crimes prosecutions should be replaced, both summary trial and the prosecution of the crime must also be three types of summary offenses Summary Trial;
② a large number of separate criminal laws enacted in the past on the legal requirements of certain crimes were some of the changes and additions.
⒉ penalties:
① abolished corporal punishment, criminal detention, and forced labor; ② never abolish the death penalty announced.
Modern American Law -
American legal system, the formation and development:
① colonial laws; (the colonies their preparation of the the independent development of the law.
U.S. law and English law relationship:
① United States used the British general, equity and development of traditional forms of law, inherited many of the concepts and principles;
② U.S. law and British law relationship exists between the origin.
1787 Constitution before the constitutional document released: ① the Declaration of Independence; ② Articles of Confederation.
developed on the Continental Congress, drafted by the Jefferson. is a bourgeois revolution in 17-18 century one of the most progressive document, Marx called , principles; ② declared a file a total of 13. to determine the United States is a sovereign independent state consisting of 13 loose with the consultative nature of the National League.
is a retain their sovereignty, freedom and independence, and subject to the powers granted to Congress all the powers outside;
④ highest authority of the provisions of the confederation is a unicameral parliament, there is no permanent administrative and judicial organs, only the inter-Congress set up a federal, and establish a strong central government, is everywhere the case of constitutional monarchy to retain the most advanced at the time that the republican form of government to have a great impact. But compared with the Declaration of Independence is a big step backwards the fundamental rights of the people trying to evade, but also keep the slave system. This fully shows the U.S. Constitution of 1787 the class nature and limitations.
1787 the basic characteristics of the U.S. Constitution:
① is an implementation of the United States Constitution federal presidential republic;
② the distribution of state power to take Upgrading to the Constitution the way the constitutional amendment.
first ten amendments to the Constitution Bill of Rights that the abolition of slavery Article .13; Article 15 shall not limit or deprive citizens of their race, color, the right to vote; 17 members by the provisions of the Senate direct election of the people of each state. Louisiana ...
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