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Old 05-25-2018, 08:16 AM
 
Location: Switzerland/Ticino
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What is the history behind common law and civil law ?
What is the contribution of ancient roman law to both ?
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Old 05-25-2018, 02:01 PM
 
Location: West Virginia
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Thread moved from Other Topics to History.
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Old 05-25-2018, 06:16 PM
 
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Test questions? This information is readily available on line.
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Old 05-26-2018, 03:09 AM
 
Location: Switzerland/Ticino
283 posts, read 172,408 times
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Quote:
Originally Posted by joe from dayton View Post
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I would like a summary..
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Old 05-31-2018, 05:41 AM
 
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Though I am by no means an expert, Roman law is a concept where laws and punishments are written down. Activities that are not stated to be illegal are then permitted (legal).

Common Law is not written down. Rather, it is based on the collective traditions, experiences and social views of a nation. The origins of British Common Law ultimately go back to the tribal traditions of pre-Roman Britain.

As a side note, the US has a Roman Law system with Common Law influences. The Common Law influences were once very noticeable. They were presented to juries along with the Roman Law and applied by judges. Common Law influences, have, however, declined a lot in recent generations and the US is almost all Roman Law today.

This decline can be seen in the Zimmerman case:

Roman Law- It is not illegal to follow somebody around, even at night.
Common Law Influence: One should not follow somebody at night for vague reasons. Doing so is asking for avoidable trouble and might have consequences.

In the Zimmerman case, the Roman Law won. In past generations, the Common Law concept may have altered the jury's decision.
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