LH oud tent nestor 2 (26-3-15)
Legal History (RGPRG50105)
Rijksuniversiteit Groningen
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A codification is an exclusive source of law. No matter how old the codification is, judges will be able to apply it to new, unforeseen situations. By what means will they be able to do so?
Give two reasons for the reception of Roman law in the German countries.
a. Customary law was now and again put down in writing. For example, the Cou- tume de Paris (Custom of Paris) was published in writing in 1510. Why were re- vised editions sometimes considered to be necessary, like the revised edition of the Coutume de Paris in 1580?
b. One of the most famous French jurist of the sixteenth and seventeenth centu- ries, Charles du Moulin, wrote a very influential commentary on the Custom of Paris. He also wrote more generally on the customs. What did he hope to achieve with the study of the customs?
After World War II, the leading officers and members of the N.S.D.A. were charged with crimes against the peace in Nuremberg, amongst others with planning and waging a war of aggression. What was the main argument for the defense against this part of the indictment?
The Lex Duodecim Tabularum (Law of the Twelve Tables) turned out to be a disappointment for the plebeians who had high hopes of that codification. Why?
What was the first codification of Dutch private law?
What constitutional reason can be given for the strict interpretation that English judges give to statutes?
On which three different sources did the French legislator draw when he codified private law in the Code Civil of 1804?
What is the most important part of the Corpus Iuris Canonici, comparable to the Digest in the Corpus Iuris Civilis? Explain why.
The vivid voice of ius civile (viva vox iuris civilis) is a famous nickname of the Roman praetor (urbanus). Explain why Marcian(us) gave the praetor this nickname.
In the case of De la Tour d’Auvergne against De Pontavice, the court had to decide about the application of an ordonnance ordering the hearts of the generals which were stored in a church to be returned to their families. Regarding this ordonnance the court remarks: ‘Considering that these last phrases are neither obscure nor ambiguous; that they clearly indicate that it is to the family, like it is recognized in the records of births, deaths and marriages, and to which the designated generals have respectively belonged, that the ordered restitution must be made’.
What is wrong with this line of reasoning?
- a. What was the aim of the glossators and commentators in studying the texts of Justinian’s law codes?
b. The ‘mos gallicus’-approach to Roman law can be seen as scientific and not very practical. Explain.
Where did sovereignty lie in the Dutch Republic (1579-1795) after the Act of Abjuration of 1581?
Why was Savigny opposed to codification in general?
LH oud tent nestor 2 (26-3-15)
Vak: Legal History (RGPRG50105)
Universiteit: Rijksuniversiteit Groningen
