HISTORY OF LAW

(part 2)

In the 12^th century the Roman law began to be studied in Italy and gradually spread to the rest of Europe. Thus a body of laws, based on the Roman law, developed into what is called civil law.

In 1804 civil law, as it had grown up in France, was codified (reduced to one book covering the whole) under Napoleon. His code was coppied widely on the continent of Europe, in Central and South America, in the Province of Quebec, and in Louisiana. Civil law system is thus used as the foundation of law on the continent of Europe, except Scandinavian countries. In Central and South America, in South Africa, in Quebec, in Louisiana and elsewhere in places settled by French, Spanish, Portuguese or Dutch law is also based on civil law system which is also called continental law and based on Roman law. This system of law is also used in Ukraine.

At the same time a body of laws called common law grew up from the decisions of the courts in England. Common law systems prevail in Great Britain, Ireland, the United States, except Louisiana, Canada, except Quebec, Australia, and New Zealand.

Thus most systems can be classed as either 1) common law or 2) civil law system (or continental law).

Common law systems are based largely on case law – that is, on court decisions. The English called their system common law because it applied throughout the land. English common law developed from the rules and principles that judges traditionally followed in deciding court cases. Judges based their decisions on legal precedents – that is, on earlier court rulings in similar cases. But judges also could reject (overrule) any precedents that they considered to be in error or outdated. In this way, judges changed many laws over the years. Common law thus came to be law made by judges.

Civil law systems are based mainly on statutes (legislative acts). The majority of civil law countries have assembled their statutes into one or more carefully organized collections called codes.

Many countries combine features of both civil law and common law. For example, Japan and most Latin-American nations have assembled all their private law into a code. But public law in these countries have greatly influenced by common law principles, especially those that guarantee the rights and liberties of the people.

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Look at these conversations and put in the correct form of the verb. Use the present perfect continuous or simple.	\|	VOCABULARY NOTES

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