Law-ch1 - Law and Society Chapter 1 Banks Legal Systems A...

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Law and Society Chapter 1 – Banks Legal Systems A set of operating institutional structures (the general framework for applying the law), legal procedures (how law is procedurally administered), and rules (the substantive content of the law). Various elements of the legal system (conceptions of the law, formal institutions, the legal profession, courts, and the citizenry) interact to give the law meaning, continuity, and change. Innumerable legal systems in world = don’t know how to classify them or whether if it is even possible Common framework depicts them as “families of law” Laws’ origins distinguish systems (ex. Religion, Civil, Common, Customary) Customary Law – law based on social customs enforced by the community Mixed Systems – the elements of more than one system operate as a unified whole within a single jurisdiction Civil Law written codes by legislation (86) Inquisitorial System Most Continental European countries Based on primacy of legislature and a code Sought to restore Roman Law through CJC Corpus Juris Civilis (CJC) - consists of Institutes (introduction to basic principles), a Digest (a summary of past Roman scholarships), Codes (a compilation of past Roma legislation, edits, and other laws), and Novels (a section for future legislation after the Code and Digest were completed). Commercial law – set of rules governing commercial relationships across the European continent. Common law – produced by CJC, canon law, and commercial law Jus commune – law of the community Shaped basic codes found in civil law countries Two Variations – France and Germany French Civil Code (Code Napoleon)
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This note was uploaded on 01/30/2012 for the course POLI SCI 340 taught by Professor Wollenberg during the Spring '11 term at Rutgers.

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Law-ch1 - Law and Society Chapter 1 Banks Legal Systems A...

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