Three Events

This is a response to a students comments about the major legal systems.

Good descriptions. Law is really like waves that ripple through time and tie us to events of the past. Each of the world's three major legal systems began with pivotal events, which largely define each of these legal systems today. Let's look at them chronologically.

Civil Law – 6^th Century

The theme of the Civil Law system is stability. The Emperor Justinian (http://en.wikipedia.org/wiki/Justinian_I) in the 6th Century was worried that there was a lack of uniformity in the laws of the empire. He ordered that all of the written laws of the empire be gathered up and assembled in one place. He ordered a group of legal scholars then write a set of uniform laws for the entire empire. Once the civil law codes had been written, Justinian ordered that all of the old laws be burned, so that there was no chance they could ever again be applied. As an emperor, he was concerned about the stability of the empire and his place at the top. When Napoleon revised and spread the Civil Law throughout the world, as an emperor he shared Justinian’s interest in stability. The underlying assumption of the Civil Law is that the government is right.

Islamic Law – 7^th Century

The theme of Islamic law is the promotion of the ends of Islam. In the 6th Century, Mohammad was a religious leader of a new small religious sect in Saudi Arabia. He claimed to speak directly with God and his revelations are written down as the Koran. http://quod.lib.umich.edu/k/koran/ The law based on Mohammad’s revelations is called Sharia law. In addition to the Koran, legal scholar use additional materials known as Hadith and Sunnah. http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/ In addition to being a religious leader, Mohammad was also a political and military leader. Thus, there is no separation of church and state. Sharia law is to dictate all aspect of people's lives. Thus, it is often said that Islam is a "way of life," and not just a religion.

Common Law – 13^th Century

The theme of the Common Law is the protection of the individual from the power of the state. In the 13th Century, England had an inept King name John. John managed to find a way to make everyone angry. He lost English lands in Normandy. He angered the church. He enacted all kinds of laws to raise money for the crown to make up the income he lost from the lands he lost to the French. Finally, the Barons rose up and threatened to depose King John. They forced him to sign an agreement limiting the power of the king. This document was the Magna Carta. http://www.bl.uk/treasures/magnacarta/magna.html

As you study these three legal systems, keep their history and thus their purpose in mind. These events from hundreds of years ago still affect these legal systems today.

		April 6, 2007 *Three Events that Changed the World*
	This is a response to a students comments about the major legal systems. Good descriptions. Law is really like waves that ripple through time and tie us to events of the past. Each of the world's three major legal systems began with pivotal events, which largely define each of these legal systems today. Let's look at them chronologically. Civil Law – 6^th Century The theme of the Civil Law system is stability. The Emperor Justinian (http://en.wikipedia.org/wiki/Justinian_I) in the 6th Century was worried that there was a lack of uniformity in the laws of the empire. He ordered that all of the written laws of the empire be gathered up and assembled in one place. He ordered a group of legal scholars then write a set of uniform laws for the entire empire. Once the civil law codes had been written, Justinian ordered that all of the old laws be burned, so that there was no chance they could ever again be applied. As an emperor, he was concerned about the stability of the empire and his place at the top. When Napoleon revised and spread the Civil Law throughout the world, as an emperor he shared Justinian’s interest in stability. The underlying assumption of the Civil Law is that the government is right. Islamic Law – 7^th Century The theme of Islamic law is the *promotion of the ends of Islam. In the 6th Century, Mohammad was a religious leader of a new small religious sect in Saudi Arabia. He claimed to speak directly with God and his revelations are written down as the Koran. http://quod.lib.umich.edu/k/koran/ The law based on Mohammad’s revelations is called Sharia law. In addition to the Koran, legal scholar use additional materials known as Hadith and Sunnah. http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/ In addition to being a religious leader, Mohammad was also a political and military leader. Thus, there is no separation of church and state. Sharia law is to dictate all aspect of people's lives. Thus, it is often said that Islam is a "way of life," and not just a religion. Common Law – 13^th Century* The theme of the Common Law is the protection of the individual from the power of the state. In the 13th Century, England had an inept King name John. John managed to find a way to make everyone angry. He lost English lands in Normandy. He angered the church. He enacted all kinds of laws to raise money for the crown to make up the income he lost from the lands he lost to the French. Finally, the Barons rose up and threatened to depose King John. They forced him to sign an agreement limiting the power of the king. This document was the Magna Carta. http://www.bl.uk/treasures/magnacarta/magna.html As you study these three legal systems, keep their history and thus their purpose in mind. These events from hundreds of years ago still affect these legal systems today.