Business Law Wk1Application

Business Law Wk1Application - Where Does Law Come From?...

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Where Does Law Come From? Application 1 Where Does Law Come From? Walden University BUSI-200-3 Business Law Instructor: Michael Cutchen By: William Linville
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Where Does Law Come From? Application 2 The first law code in Roman history was the Law of the Twelve Tables, which were a prelude to the development of Roman Law, a highly elaborate system that has had immeasurable influence on the growth of Western law. It was summarized in the Corpus Juris Civilis in the time of Justinian. “Roman law developed the distinction between public law, in which the state is concerned directly with issues such as treason and taxastion and private law which is concerned with disputes between persons, e.g., over contracts.” (H. L. A. Hart, 1961) The breakup of the Roman Empire under the pressure of the Germanic invasions brought the disruption of the Roman legal administration. “Temporarily the codes of Germanic law eclipsed Roman law in Western Europe. In the simpler Germanic codes the main distinctive element was the use of compostition for crimes, but most of the Germanic codes showed at least some Roman influence.” (H. L. A. Hart, 1961) Roman law, together with the Bible, was the basis of canon law, the legal system of the Roman Catholic Church, while Muslim law was derived from the Quran and the traditional sayings of Muhammad, and later Hebrew law was based on the Talmud . Feudal law also showed the effects of Roman law, although in theory it was based not upon any concept of the state but on personal relations.
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Where Does Law Come From? Application 3 The revival of trade in the commercial revolution, and in the Renaissance brought new developments in the maritime law of the sea. “The study of Roman law itself was also revived, notably at the University of Bologna. It became the basis of most Continental law, as exemplified in the French Code Napoléon in 1804, the archetype of codes that govern the jurisdiction of civil law.” (Naspoleonic Code, 2010)
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This note was uploaded on 04/21/2011 for the course BUSINESS L 2003-1 taught by Professor Cutchen during the Spring '11 term at Walden University.

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Business Law Wk1Application - Where Does Law Come From?...

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