History of European Law, Schemi e mappe concettuali di Storia Del Diritto

Scarica History of European Law e più Schemi e mappe concettuali in PDF di Storia Del Diritto solo su Docsity! ] Feudalism: law is different from legislation because it is not an organized entity affected the European society from 18th to 19th century Society: law as an expression of an international society, From the Middle more attention to the discontinuity of the events focus on the western of Europe: German law based on roman law figures of the jurists poli ind law have a really important relationship law is oppressive and liberal at the same time law system has been created by states that now are less important as producers of law. Ages (an era of pluralism developed by medieval thinkers) to the 17th century law was expressed through rational logical schemes, it was a state of mind. This period was defined as a society made up of societies, an age without state that brought to the proliferation of social intermediaries that became legal representative of the groups. The principle of personality of law from the Germanic people = law as something tribal and an ethnic inheritance, the consequence was the ‘appearance of different legal orders in the same territory that were more important than the political power established there. No salvation was possible without the Church. divided into Early Middle Ages and Late Middle Ages --— Middle Ages: |—— Differences between romans and others populations: Romans ruled by an absolute Emperor Germans = political liberty Nordic races (who arrived in the Mediterranean) = power as ‘something necessary, king as a custodian of the law Romans = power as something solemn essential element of Germanic legal system, they established what was permitted and what was not, they were all oral and jurists were not present because very body could learn the law E —_ CAIO Christianity they prevented kings to became absolutes for the Germanic people who arrived in the roman territory their law was custom and their traditions vanished but Germans accepted It is the fundamental source of law of the time Christ inferior to God, it was considered as an heresy Arianism: -— Legal monism: ——— — When an action reflects a legal rule? law becomes expression of a centralised wi Diuturnas = (duration) a rule acquired thanks to the passing of time Opinio iuris ac necessitas = the belief that this activity is legally obligatory or forbidden , an open system of legal actions based on one stage trial and appeal was possible, primacy of substantive law and non-private law disputes 396 BC Thoodosius spl th Empire in two parts The empire was attacked by non-roman population, barbari people and Gotha, heodosius he ced. The armed forces of ho (— Early Middle Ages Westem-Empire became inefectve, barbaran Kingdoms estabicned their power over the Empire, the barbrian king Odoacre deposed the }— Eastem Roman Empire: —|__4768C tal otte West-Roman Empire ___lastking ot the Westen Empire re-unifcatod the Empire Justin the Great: recover Ainca Lain as the language of administration e proibite commentaies and abbreviione over the legsation he Imposed, the Corpus uris Cile |— Legisiation ot Emperor Justinian: Tris work was mosti written in Latin and part o the population could not understand i the emperor in 875 BO established a new type of consttutin caled NOVELLA they wero written in Greek th Byzantino emperor was called BASILEUS and he was the successor o ihe Roman Empire a pnt ( evzamium SME Seco Se O OE ic Byzantine law = Roman law of Justinian, een 1453 the Byzantino Empiro ended thanks ta Tubs attack cron ne ns preceded by a crisi o the tr century ea STIA i 0 spit o tha empie by Theodosius the tia sin [Sr cc i }— the endofthe Roman Empire HT re cc all otthe western empire nad reni nd ea a ii “o gamma Corn gar a chan all otthe castem empire the bishop of Rome as head ol ihe Church }— Church in the Early Middle Ages: the Church copied the structure of the Empire the decay of the Church has been during the St aci he 101 centuy primitive system of Germanic customany lavi___ Cral, principe of personality custom }— Various kind of laws: romanised people under roman lu __ ten formal, praetors, appicaion an interpretation al legisiation, capitana in this assembly here were the SAPIENTES (assistant) and SCABINI those who find judgments) then wo have the ROYAL BANNUM = procedure of pronouncing he decisione of tho mallus, it was ora and was possibi to do an thero was a tibal assombiy called MALLUS and the king presiied | | _appeaito God qrertt Fossi = |— counsand procedures inthe Frankish Empire: —""'—————————————————__ I 611590 was one otte id ste with a imied power, he only ha to be sue that the procedure o he process was assured the power of these assembles became bigger 50 he judge became (908 0 the new style ring the 8th and the Sthcentuy the PALATINATE COURT was held in order 0 tak process Church vas sen as a mediato between man and God and it has! the has been possible thank to ia role of the CANON LAIW that set ‘een transtormed ina Nerarchical ga instution Church apart from ie natural order of the physical word Augustinan ideology and the Renaissance of the twelfth tho Augustin theory provides ammunitia fora descending theory the Caroligian Renaissance translated tho Auguetais idoolgy into century: ol power a political and cultural programme. break dom balance Church - Empire GREGORIAN REFORM cid by Pope Gregory the Great hat desled th moral integrt an Independence ol he Clergy INVESTITURE CONTROVERSY was held: confict between the }— Reform in the Church: — | mocsevalstato andino Church over ho bile to chooso and install bishops, monasteries and the Pope ‘OF WORMS Europe a5 a Cvistlan uniy iso ol he papal monarchy with the peak f the papa power with Innocentius I ring the 19th century thanks: historical period o transiion between ie old Roman work graduai decay of the Roman Cilsaion, new culture party Roman —__andithe new Western European Csation party Germano: Celti thanks: csintegrafon f the ld Meciteransan cisation ‘a short r-unifcation was done in Italy anke to he CONSTITUTIO PRAGMATICA 553 BC done by Justinan in orde 0 bring back Ia alert death of Justinan the Longobards invade Ia that was dir the pomer of the Empire spltn2 parts } The Early Middle Ages tittn word was brought in Germany thanks 0 he roman influence the bin is eleted by a ribai popular assembly }— Roman infivences, Frankish Empire and Charlemagne: e was croumed by Pope Leo Il on Ciistmas Day (800) = RENOVATIO IMPERI STREATY OF VERDUN = done by the king in order to get a polical uniication sis oftha West Charlemagne died in 814 and he was susceeded by hs son Louis The Pious Rin divided between the tive sons of Chaiemagne (Frankish ragion), these reigns became the Holy Roman Empir and the later France the DARK AGE, invasione by the Vikinge, Magyare and Sarakenoì isso royal authority — The crisis of the 9th and the 10th century Work o unification f he german tribe into one kingdom ou] systom and selgioril system ho Insalei members of hs fam t the nea of duchies su6cessor o the Reign OI Charlemagne enovati imperi  Medieval ius commune Expansion of the West: Limits to the royal power in the Late Middle Ages: Scholasticism: Emergence of Universities: Rediscovery of Roman Law: end of the invasione. fall of Constantinople.-—_andhoiding of nobili and the church in the rural areas origins of parliamentarianism and constitutionalism investiture controversy and the rise of papal monarchy rediscovery of Roman Law homism = philosophical school that followed the thoughts of Thomas Aquinas, it made questions and commentaries about Aristotle's rediscovery of Aristotie theories ‘search for the truth hidden in the text scholastie method: central role of logic of dialectics method of interpreting the texts. DISTINCTIO = eliminating the ambiguous meaning of a phrase or a Word by explaining in an explicit way the right sense of it AEQUIPARATIO = comparison between two elements. Sic et non = work of Peter Abelardi where he said that the Sacre Scriptures and the teachings ot the Fathers of the Church contain several contradictory statements that were compared Decretum Gratiani = frst collection of Canon Law made by Grotius containing decisions of the councls in juridical matters separating them from theology the development of Universities started from the Cathedral Schools in Paris the first ever university was founded by students in Bologna and then they spread all over Europe (ex: Oxtora) at the beginning there were 5 faculties at the end of he 11th century a copy of the Digest was discovered in the 16th century another one more ancient called Fiorentina/Pisana was founded vhile the Bononiensis/ Vulgata was a copy used all over the world in ‘schools and universities = the scholars in 11th/12th centuries of legal schools in Italy, France and Germany the Digesta they studied Roman Law from: the Authenticum (Novelle) Ceo the JustinianIstitutions they are considered as the first group ot jursts they conducted detailed text studies that resuited in collections of expianations. they had the bellf that for every legal question there was only one binding rule their method: they went rough the logal sources in a dialectica! way they sometimes needed to Invent concepts that did not exist DIGESTUM vETUS INFORTIATUM Sparis_| DIGESTUM Novum Medieval Corpus lurisi °_° 2 authenticum covex =“ (__ institutiones. \VOLUMEN PARVUM dividedin: {TTT Author tas] —I codex libri feudorum giosses = annotations of the glossators on the margin of the texts the glosses did not have force of law, only the Corpus luris had it GLOSSA D'ACCURSIO (work of he glossator Accursius that contained the most important glosses from the Corpus luris Civis) ACCURSIUS = was the last exponent of the Bolognese school of giossators GLOSSA ORDINARIA (collection of biblica! commentaries in the form of glosses) AZZO'S SUMMA CODICIS (Azzo was an Italian jurist that wrote this commentary of the civil law according to the Justinian Code)  np e tue Fio De Vis ndr oe Sao earn conio o e eci are ira 0A Saamanca n romani vs nono __ ceto mene iO sie dico an e ice atene e TRSTY OF TORDESLAS 7 io 18 eg Spin Portugal Enpa i pai pre ang a men at wet netto n Prg a Cape e and 10h ne lc dcr j Cous e Roma aci ur ns apici ams tesse but ny use can crt e oss re ad n en ty irc by Agia Sara resog ta o Pe THEORYOFRESTTUTION ot e een to ge hs gas ite cima E Mage Sos cene Some Sca 4 Sannca penna }_- sco Seat: use merone) o ect Get was ass al home ans le sr sensate @SURISPRUDENZA PRATCA a ere: ii Betta nta capo na psi ank o e __ Detuca SETE PIMOAS be lie le anco on sto) Spa ecapon posi ank o NUEIMRECOALACON __ nen comin lrglegilicn te marcel cengia by ca lego NCONROY _ tmebeton (o Senemrezvee ni ICROM EEC cre esgmmenineneeeee case vigne = mu ta gt er by ur e Gm ni Nata n Gray ceto nas postano ___USUSMOOERNS PANDECIARNI asi nd iper ii e Uri Ln na fg ai) Pc agg tar to TTI senese tr cons cost non THE AGRA EVOLUTO tti Egr ari Catani Sor tc e ops e moti ome Nea 0 1 ist ie he cl ngrisi nproremento| sti care an gere i th 18t cent: —-|_edotgrat ponte MERCANTUSI commerce n ida anti Vesta Centa Enpa ina ve an co ro rara Brig an ee ning tarsia ii ad sis ng mey o Nt e i }— ius Rvcion fat 6 cetuy ot entuf: pres MATER e Bugo st e ic) ii in pei Racine ene cen sc cs abs so ee rate e che ari Back polici nor ioiame he STTE OF MATURE a Corman sot L rewrconerapne dr artt oo e crt isa poste Manat e Tomas Hades ___watone tha mcntinonst ect cf rpm __abeoem doc a mot rar ari ns TO TREATES OF OVERNENT SGML _| hs ctr was asd e ct i Na gs fs nd os Bertie tt and proper i it o hey legni idro do fai as e SOCIAL CONTRACT a tone ee eri ieri no pres abi e siae n re o ptc nre e ts men __ Pilone o e nima cnc la plain ti tti ben by Lc esce =5 gar pre int ite lat civ por eve pone ze pon nta Wok DE ESPRIT ELOS sean posi rt rate beso l cis iis e csi aci re RASPOLIMCA _|__ eps pone | ctpores: — LOCA an e er ri pisa Inc Eipuomnt ac pria ove tara rasa va sens e ino re CALLED GALLE tas tenne ole sinora ea le vent e das ben condoni by e ac ist von 0 mi ao musa dive masi = som a gelo conce tai vot enon EE DECATES as ecs impotai ec Be moventi { earn a geme my because maman or COSIO ERGO SUM e ai n se prc o maso | Rseotfatonsism —; e zan tram ng cr muss conscia ear tut ivogg sta o tutt ag tm based dava e came pane to |— Mogem Nei — no strain! Natal Lan amari Un ode Parc pd cacao marin __belelol i umane ani pt fnighinment (8tcentun) {_nposonticg period characterised by the ralisation of modernism __— belief of the human nature and human potential constructivism mechanical view of the world their ideas were basedupn - [TTTTTTT ideal of persor liberty and equality they went against the class societies that should have been built on mert and not on birth written consttutions and declaration of fundamental rights and! liberties }— Enlightenment (18th century) —|__whatthey dia limits of state power were put. ‘sphere of the individual liberty was defined emancipation movement. resistance against ecclesiastica! persecution as a political movement stive for equality enlightened absolutism criminal law enlightenment and the law__|__ equalty and unity universaliy, natural law has always been centra n his conception of the State following his theories true liberty comes from the voluntary subjection “the community can force the individual to be subject to the common t0 an identification with the general will will = the concept that the government and the authority o a state had been created thanks to the consent of its people through the elected he elaborated the THEORY OF POPULAR SOVEREIGNTY ___representatives }— Rousseau: has been the intellectual father ol the MODERN ECONOMIC UIBERALISM |_—_ AdamSmith: is determinate by 3 sources a nation's wealth ‘50 the sell'interest determines the common interest, this is an is dependent on trade balance = results from individual decisions invisible hand of the market. = actions are right if they are uselui for the. majoriy father of UTILITARIANISM ‘50 the purpose of society should be the greatest happiness for the greatest number — Jeremy Bentham: liberal ideology of the 19th century that adopted the ideas of the most important philosophers of the Enlightenment. 1 UBERALISM: (— The American and French Revolution The Revoltnany War (1775-1783) also called American Revolution ___ tension between esigents ol Great Brains 19 Noth American role ut ink to eglnies and In cloni goverment France entered the conici on tha side of he coon in 1778, the il Var became an inemaional Conc Vedi i ansi ba Aaa wont isdn Ave omega __Seene [een terence Cote rn 0 conser corte _ cea |A | i rt OI Cect vr sod conio esa METE prtrecangia Te vr er eran cr vm me sl'inmreeiea it a i se to) o Boo Pty 77) gp son sd re n a ra 0 i 1 tn i i a_i rendo ss Gevi i T_T Eat mai ana srt soli an Crispi Fc my DS] LIBERAL NOBLES AND CLERGY RENOUNCED TO THEIR PRIVILEGES. but legitimate seigneurial property rights were maintained E sourgror eva dea DER DI i i e Fan na Con Asm 178 Roio tl ene ie ut cut be ie tace Dio at gi PTT nm ch nd i eroi demand of tene ha to be ica to ha respect of te Constitution and 10 the maintenance o the happiness o even) hag to obi o ie acins at cn ju society ‘emergenza new cas o property cenere 16610 na ablstiment finge (Gotere sovrano) e Parent: ton] Corenon Period ateo French voor: tuoni —__ em cent er very some at n pg nes cortona 1783 eensecf wr ic stay Napoleon's Empire brought to. pa ‘governing of five members committee in the French First Republic. cenone pegess csi wet ner e gute e DIETE (104-759) _(_ (79) Borgaro i cup and une pic by i CONSULTE a cortine i Ì— Revolutonay and Napoleone Wiars{ —__1905 = ingsomat aan under ih power pen (608 Napa epr lane money reso {(L'annessione è l'atto tramite ui no Stato ampla il propio et. Annan o Needs by Franco __rel maggior pat i casi a scapito di un altr Siae] = boia of Napoleon e legal subiti he enti legal system was modici }— Interprtatin of French Revolution ttocia lt Enigttenment priosopny 3 resstnce against he ineventin o he Monarch thank to the DECLARATION OF MEN: legal system based on the power of n egilatin created in an assembly by people guide by reason gominum lle / Comi eminene te vasea had a sorto! camerati eg mearing 1 ih cunerstip o nds i th colonies gn poliica Iberalsm brought 10 reaisaion of persona eedom beratin o roper i a reconion for accumuatton and me mort coomi gote | Absolute concept of ownership: n miatons are possible because ol he general interest and the interests lt parties — mme Code Chat 1804 17 proper asa ont invtbe and sera tin orse 1 rebud ih European pollice after th dota was an ntemainal ipiomati conerence of Napoleon! 10 1814/1815 uns held the CONGRESS OF VIENNA _[__twasa meeting ol ambassador ol Europee states principe equal ato an Restoration and ha Bourgecise Age (1814-1915 mad by the ono tre boueoisie ver the Restrion 1820-1590 wave of Revoutons ber partes the bougeoge and ie nobis ele (orme oli price, they were sit into Ctistan consenatva arie era oppoiion ratonsim chalenges of Restoration _|__imperiaem eseaten ia of ratostate Sjstamataton o roman ian garan ga cern equat) an ertnal nfcaton guision o! powers Montesqu “age as Bou e a Natura aan oman a ue ud o do costante begin i varius estas of e Holy Roman Empire inspired by te Enkhtenment ten in german wi many Lat vas inBaren ___ CODEXMWOMILANELS BAVARICUS CIMLIS tate to th Use Mogkmum Pandecianm Cogication i Germany: (CODEX THERESIANUS major inuence ot roman ev ins THE AUSTRIAN CI CODE excogicaion 0 1714 tere vs the fest attempt o coda he Uni o Hale ta fa inPrssia the stem e Prssan code was taken rom he works ol Welt nd Paencor stadio that al re ass lla had 0 be colin 2 years 1769 CODIIGAMON ARTICLE _[_. enon and understandabie EEE} e Len serata alti brought to ho UNVERSALISATION OF FRENCH FREVOLUTIONART CODES. POST ey tan enormoss resonance i Eurcpe and Aerea movemen bom a a recon gar Enigenmant. appeared at te nc of he i enuyi Germany Romanticiem: _[__ttntonto tha incula emphasi n the fetnge. repcion o onstcivem tt wa rat to ho upcoming ratcnaem unded by EDIVARO GIBBON __ he wrote Decine and Fat ol th Roman Empire __ toria] drgiopment soma ew ts scho| was basa cn the theory o Svigny ____Nstoral son of romania was sii connect wi ii ka ni fn or each natio and voli may not toppe cogcaton 19 Germany ora la was ha care o air og devwopment a slntc system of prvato a was but Seco base maso coin: e German Coda _inte German Hatoral Scroi or were ek wi te past as 0 versi rese ss inquage emotion clan ansier ol power o gite “the 2 Basic Models compared Diferences. (_ simo ci e rome sos) rodvet ol pst ragione complicated teminoigy German Code = _[_- maaton ot egalespers erro ol ua and univers ‘the Deutsche Bund (1815-1866): confederation ot independent states Norddeutscher Bund (1886-1870) E ori trata Peri] erperoi o he pci Simei the pero (— THE END OF MODERNITY }— Restoration and the Bourgeois Age (1815-1914) tha GERMAN CONFEDERATION nationalisaton and leadership o be 10 Jenny 1871 THE FIRST. General Overview: Germany. I] German Empire 1039-1965 = Nazi Regime th Fist Word War (1014-1018) ho ft important event i wbieh Post. Modem Age (20th cantu | Excessos o! the Enightenment and Revolution - Communiem — 1990 = reuniation of Germany it sentinto a pychologica shock Europe tota veto tt wo a ware sota anainaton of the enemy modern e considero a ine cause ol e war me 098 of estomee smpios in ts 290 there i ho cris of modern European ciisaion _ because Euopelost (TO ich sit to US and Russia 13 tn perio ol unparaand prosparity The February Revolution (1017) 100 radical lett movement ol Vinci Lenin promise posce with Gormany 26 800 25 he camo to power 1 as a raical and revolbonany Marsit facto founded by Leni thy Soundeg ner nm pany in 1912 Bones (1870-1828) __{ re took power curo ne Goto Ri ty took power curing the October Revolution in th Russian Republic in 1917 thy became the on ng patyin the lat Scie Union BorsHevisn expropration t at lnde October Rovolon (1917) o Bolehevik Revoluton __ brought to many radica rotore anaer 10 o passant Sovite Ft Communist Constitution (1918) Roe Valero, the loadership o the party was reserved to the working class in the Revolution so: Tre idsology ol th Lenir'a Communist Party was based on Manta privato property was ab te de ol aa vs porse Joseph Stan pubeed PEOPLE DEMOCRACIES" oltici dscourso prevale In avi court 5 years pian od 10 Industraisatio o Russia 0 idealiam of Enightenment and Revolution cutter t reatost petrayai Aftrtho Congres OI Vienna a lot of german pants became part of di sec [creme Cn Presi GERMAN REICH was raised 1871 Biemark ho king o Prussia became tho amperor o he Second 1919-1999 = Welmare Ropubik 1945-1040 = separatin between BRO and DOR mass unemployment period flow economie growth in Germany rok out in ie Late 19405. ‘The tiumpi o the Liberal State: @IBERAL WELFARE STATE was introcuoso 1919-1933 _[ Germany Pace cl Versailes (1919) 1930__ National Soclalist German Workers Party as leader o extreme ight____otalefecton ot ie Ikdeology o Enghtenment nd polticaliberalsm |— Rejection ol Enlightenment and Revolution: Fascism —|__FASCISM= giotcaion o he iratonassm o the muman INAIONALISM = german people are superior 1945 = end ola Third Reich 900 i International Milar Tbuna! = judge of he All Powers To end ol the Il World War: —{__1945.1946 - rente Tato__ prese over 22 mao Naz criminale bersi model ot ine US. tn VAN brought triumph over Fasciem atom o govemmentin wtich he tate potete and promotes the economic and social wellbeing a is ins) avosueton et = n nstitutonal progress brought by e pltca class 1949 COUNCIL OF EUROPE ‘sremationa erganisaton based on Human Rights 1951 EUROPEAN COAL AND STEEL COMMUNITY soncossione t0 tha working ciase the universal strage tom tha 19208 Social Democrate came to power iadiy Cral norm common mE rem hose — re E n e European organisation created tr th WII in order t egulate ho cer ‘9008 and toa inutrie8. ORG CURIE Ft ITA pc ni 1957 TREATIES OF ROME 1986 SINGLE EUROPEAN ACT seat MEA [ERE ca rc n a. 200 PUBL EFEREOUN open ost Torno Roman Lai e 201210 EMA tre oca Ren Lam nd sh nd Cl aaa mEATOFLISDON ume (TERE a compare = coesstin th another who had to be treated as an equal evenifitis different comparison as a scholry process in which speci obect fat east two different legisatins are st against each the in der to Meaning of Comparative Law: _ | _ DXoliniiatidou ___ discover their diferences or simirites ii comparison ape eva. orauation Origins o Comparative Law: ___ cant found in the Ancient Greece with lato and Aritotle roman sources ol law Started during the 16th century ih the development fa new comparative lega method important was ‘Esp Des Loi' de Montesquieu __t compare differen polca systems in he eighteen Guring the 16017th cent there was a common European riical cdture common law was renventd by uridical experts Comparative Law was seen as a necessary element f every uridica work National Codifications came t0 lie e ei eine ponetinino pini LUI — cor - tters of Comparative Law become both lawyers and strane Legal ist: legal istorans become comparatvits 0 comparison ol egl forms can be made (=== th istorcal development of the doctrine comparison of present and past is possible but only i is described Types OI Legal Histoins te teglie Jegal comparisons ae awd thy lar th answer to a problem the 3 appicaion see the valu of roman lav allows usto se the value of the historical argument Obietions to pure history: __ comparative studies o different istorial facts 1 the study of two parall cr related phenomena in two or more freni places or times MO MA 10 A9ROAEI _[ 2 th stugyotonesspctolasing gal stem standing csi te stem euocentism per methodoogia naionlm ce lens bug 1 th emergenze foca legal toy they se ransnatonaav gobali lega story rom a gibal perspective 2 dimensions of giobl lgal history IT Te nt | igoyotgobletonoliam ‘someone who causes with intention damage to another i obliged to in private law ciiln hac to go in front of a court to start proceeds repay the damage he inficted against someone else for these delkta DELICT = is a crime or offense for which someone is punished in civ |. they money payed is a punishment not a compensatory amount (— DELICTS AND DAMAGES va the claim of the injured party was a criminal action the issue of the purposes of deli is also connected with DAMAGE in the eariest me punishment for delle was a kind ol retribution of the principle of allo (eye for eye, toth fo tooth) then the punishment became a civil pona at the beginning the punishment was a choice of the victim, then it became compuisory thore were unlimited cumulatione for the co perpetratore there was the possibility of noxal-abilty damage to property in classical roman law only damage to animal, slaves and property DAMNUM INIURA DATUM _PAMNUM INIURA DATUM = | coui be cisimeziin court Wild animals could not be owned so there was no damage RAPINA = theft with violence 4 kinds of deli in roman law orteiing a a theft r taking away property FURTUM MANIFESTUM (the thef was caught n the act) payment of times tha value of the object. FURTUM NEC MANIFESTUM (the thief was not caught in the act) payment o 2 times the value of the object. INIURIA = mistreatment and insult about damnum inuria datum it vas applicable t0 he plebs of the Roman Empire LEX AQUILIA 286 BC (_itwas composed originali by 3 chapters, then only 2 emained ACTIO LEGIS AQUILIAE “Where anyone unlawull kils a male or female slave belonging to ‘another, or a quadruped included in the class of cate, lt him be required to pay a sum equal to ho greatest valu that the slave or WES 1 Chapter of the Lex Aquila __ animal was worth during the past year" “anyone damages the other property of anoîher (ceterarum rerum) | ce | except by king saves or att, whatever the vale of the property burned, broken to pieces, or'iniured, vas, within the preceing thy days; he party must be compeld 1 pay the amount 0 ie owner of 3 Chapter of the Lex Aquila thesame' composition for pure economic loss was excluded no personal injury cases were allowed unless it concems a slave the value of the body of a free man cannot be expressed in pecuniary terme 50 it's ori about slaves or animals [DAMAGE = the loss ol the vitim UNLAWFULNESS = action done without rights or ustifications. which elements are required in order to have success in court NTENTION (DOLUS} and later FAULT (CULPA) following the Lex Aquila? — Requirements Lex Aquila: ——S"Po te prati | CAUSALCONNECTIONand COMMISSION FROM VALUE TO INTEREST = from the value of ihe object to the interest the owner in case of denial i the culpabie was quity te fine was double obigatione may arse also to quasi-dllcts n 2 abit for damage caused 0 property of clents based on aciitional ACTIO DE RECEPTO agreement | ROASZDETIE ITEM SUAM FACERE the judge “made the case his own” Saro eso many gen of Gem liability of the occupier of a building if something was poured (versato) ACTIO DE DEIECTIS VEL EFFUSUS or tirown down and caused damage to pay an amount of money AUCTIO DE PAPIERE___liabiliy caused by animale that committed damage the owner can decide t0 give up hi animal the suppression of a crime and imposition of a punishment had become essential functions of the State Authorities ll Endotthe Middle Ages: —[_ GUDOLIIS published COMMENTARY IURE NOVISSINO __ commentany otte Novels ot sian (CONSTITUTIO CRIMINALIS CAROLINA __theft was regarded as a publ crime, no more a private one concerning wild animals there was no right of ownership so there was no damage |— Animals: —{_butin the orsts ights conceming fsting and hunting hac camage the criminal law according to the medieval law division | Damage: damage = reduction or recovery of the inheritance over the time ita free man is inured the loss ol income he sulered is returned to him E obi rao its loss of income not on for his son but also fr his relative that if a free man is kiled ___ hacito treat him caused by the negligent act of who committed the mistake without diigence | ratti € the person who provided the occasion for the damage to occur had to be considered to have caused it |— Casualy ———_—___ the limitation period is one year from the insult | niuria: itisa private action the status of the person was relevant for the amount of damages the Church as we can see in Decretum Gratiani could not take advantage of what had been caused to her by FURTUM (taking away property) | Canonlawand Delicts: 4 passive transmissibility: ‘the heirs had to pay for what the dead person committed idea of restitutio = you have to give back what you took away or didi Wrong, otherwise your excuses are not real Decretal si culpa tua: if you caused the loss it is right that you SETA no punishment but satisfaction ito he interpretedi the roman law rule ZZZ, physical integrity 4 interests should be protected for him :— HUGO DEGROOT: — he put the basis for the Dutch doctrine of unlawtul act besides punishment a financial compensation is always possible he was influenced by the moral theologists DE IURE BELLI AC PACIS = it is his most famous work liability is always based on fault delicts lost their penal character around 7000 actions for damages lost its penal character in Europe biliy got a reipersecutory character — 17th/18th century —|__nationa states and criminal law took piace no private delicts existed anymore Germany customary law non pecuniary law was taken into account in French law Dutch law itis considered to be about distribution of risks the owner has to face his own risk CASUM SENTIT DOMINUS isa principle for damage in norma! life TORT OF LAW LAW OF DELICTS ex if you fallin the street it is your problem there are always only 2 principles to balance it there is the need of a good reason in order to sue someone and ask for damages in contemporary law the point of ability is the compensation of — 19th century-today Fendaliae ALTERUM NON LAEDERE | _ then responsabilità and liability came into play the action for damages is nowadays reipersecutory (not penai) compensation is the result of an act (— focus on ALBERICO GENTILI: orig to Gent rtraon e e cn way 0 set spa ina o was a rta ho tg to ste to prom of intematina i, Vahis books DE IURE BELLI LIBRI TRES he resumes some ol he ideas fe wo Grtus om he Book DE IURE BELLI AC PACIS he as a umanisti remain ft to the IUS COMMUNE: he concerne hi predecessore because they dd ot istguish eten intrational a ang tn awe 0 Justin ovrnationl av was vas id of tuale and apart o chine te principi sucesso o rotus was Atri Genti _| (1 Gen epiined he categois ol intematoal a and he asd the concept hate av was based cm natura atonalt nti jet te ia ol universal power of th pope and tro emperor th ar procedi from a pube body to rogarsoginemaina ii a he law age by al natone paci ay tto i that ar could be av was ondemned by alle another new lim was the possibly between soveregn to set a_—_"0ologne pri for Gent the medieval idea that sovereigns could be jucges vas. aggressive war sona }— Atbitraton: —|_hemadea sincion between _|_warotdetanco tecn ot just war another important point vas th fact at war CU nt be started for reigpoue motion 6 a man cod not compa or being ronged because others had rent leto er strong connection between eat and interrata iv he fathers of ta la of iaton re consideri }— Teattes and Dipiomacy: —- Gen 1 he cen hug. ineois o med rst 2 ha behaviour in he conduct lntematton een among prices nogotiaion and razies were he rest th work of ambassadore the BI cntun Dgomacy Was an essential Souce_ ho shared ae om he histrcal ertage and nt om cris eat ere consi ormai an rc ways 1 ul rionale unt the French Revolution ie relationships between pricipalties | at were legali -bincing vero rg by bee and custom, benavcue agreement were mad in go li and alla e Pacta Sun Servanda at = an intemaional agreement concudd among States in then in th VIENNA CONVENTION ON THE LAWI OF TREATIS (1965) __wrtn om govemed by ntemutona av consent by sinatre there vere flag fo th aprobatin of te eat by the stages for he approbaon o he tea by è he prince concrring treaties gave fl power he ambassador __ Price i rr 0 DO su that ho ambassar no cen power TT task at co i was Hilda to rt as soon as posse to the county onsent by exchange of instrument __ change of legal papers, the taty was val and bincing a fncdamenta valve was that rea, ven fit was mado wi the ‘nomy hag to bo respect ig tn tt n 14 century many plate vos we sent in der 0 coil fe relation between te ila signo an town Vice estabnd permanent ambassagore in France, Engand and to ist prmanant ambassar appear n a Burgundy }— Diplomati envoys: —-| _atalator stage mintars t torin atta mor stabia ud embassare were sen a pis and many inga matt however by the passing o me members o th house of abs vere sant 5 ambassador 10 shvi e magificence of to king to stu ol Intematana av and fori poy as tassi n the memoranda o diiomats pomata was based on cpius documentation ot dipiomacy inte 18th century he prince cous continued t be maior schoos th memo and inione o Ventin ambassagor are e source trani a Belen in the importance o ter rie the tele were he esito atonomoe activities o ipiomate who Tre sources ol Dipiomacy:: —| _toegn insee hat getinto secrets o th cous there were ciferencs betueen amvassadore te uti foto te orders ho Brite eno wer less capable than th Franchi ne orig secreta ul supplied ipiomats wi informations and et the most important nomine __ Cesar etrs 0 some fil occasione THE AMERICAN CONSTITUTION —| 10 AMENDMENTS. th ven first RRRRE RE it has 27 amenciments 10 ofthemare the BILL OF RIGHTS System based on separato of powers there a bicamerai congress judicial___ SUPREME COURTS AND FEDERAL COURTS. the consttuion o 1787 _|__ powers: TTT esecutive PRESIDENT the American constiuton has ben imagine aa a rig one were many Inver he FOUNDING FATHERS. 1940 ere (excepin for Washagton] were al avere the American idea of Constiuaion __ i ou be made and unmade. 10 were ati by e States | congres aid 12 amendiments thy were designed in order t limi he power of ih government 0 soparation of powers 1n0 ced consution Bilo Rights ho declratin ol rights cid not command sancione based on Natural Lai teorie But they concede the Cours the task to mit the exercise ol the American rid to protect the nevi rom the State___majrty wl  Ab dhe Sri e (e Deuolie tine use 2 nose. cars Touren ne aut He questo ensina ve vere 7 QnESTOLE RRPE TUNE = TRESMIGI. 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