Western law
Encyclopedia
Western law refers to the legal traditions
of Western culture
. Western culture has an idea of the importance of law
which has its roots in both Roman law
and the Bible
. As Western culture has a Graeco-Roman Classical
and Renaissance
cultural influence, so does its legal systems.
in the early 10th century rekindled a passion for the discipline of law, which crossed many of the re-forming boundaries between East and West. Eventually, it was only in the Catholic
or Frankish
west, that Roman law
became the foundation on which all legal concepts and systems were based. Its influence can be traced to this day in all Western legal systems (although in different manners and to different extents in the common
(Anglo-American) and the civil
(continental European) legal traditions).
The study of canon law
, the legal system of the Catholic Church, fused with that of Roman law to form the basis of the refounding of Western legal scholarship. The ideas of civil rights
, equality
before the law
, equality of women, procedural justice
, and democracy
as the ideal form of society
, and were principles which formed the basis of modern Western culture.
is unified in the systematic reliance on legal constructs. Such constructs include corporations, contracts, estates
, rights and powers to name a few. These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal cultures.
As a general proposition, the concept of legal culture depends on language
and symbols and any attempt to analyse non western legal systems in terms of categories of modern western law can result in distortion attributable to differences in language. So while legal constructs are unique to classical Roman, modern civil and common law cultures, legal concepts or primitive and archaic law get their meaning from sensed experience based on facts as opposed to theory or abstract. Legal culture therefore in the former group is influenced by academics, learned members of the profession and historically, philosophers. The latter group's culture is harnessed by beliefs, values and religion at a foundational level.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of Western culture
Western culture
Western culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...
. Western culture has an idea of the importance of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
which has its roots in both Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
and the Bible
Bible
The Bible refers to any one of the collections of the primary religious texts of Judaism and Christianity. There is no common version of the Bible, as the individual books , their contents and their order vary among denominations...
. As Western culture has a Graeco-Roman Classical
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
and Renaissance
Renaissance
The Renaissance was a cultural movement that spanned roughly the 14th to the 17th century, beginning in Italy in the Late Middle Ages and later spreading to the rest of Europe. The term is also used more loosely to refer to the historical era, but since the changes of the Renaissance were not...
cultural influence, so does its legal systems.
History
The rediscovery of the Justinian CodeRoman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
in the early 10th century rekindled a passion for the discipline of law, which crossed many of the re-forming boundaries between East and West. Eventually, it was only in the Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
or Frankish
Franks
The Franks were a confederation of Germanic tribes first attested in the third century AD as living north and east of the Lower Rhine River. From the third to fifth centuries some Franks raided Roman territory while other Franks joined the Roman troops in Gaul. Only the Salian Franks formed a...
west, that Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
became the foundation on which all legal concepts and systems were based. Its influence can be traced to this day in all Western legal systems (although in different manners and to different extents in the common
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
(Anglo-American) and the civil
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
(continental European) legal traditions).
The study of canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, the legal system of the Catholic Church, fused with that of Roman law to form the basis of the refounding of Western legal scholarship. The ideas of civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
, equality
Social equality
Social equality is a social state of affairs in which all people within a specific society or isolated group have the same status in a certain respect. At the very least, social equality includes equal rights under the law, such as security, voting rights, freedom of speech and assembly, and the...
before the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, equality of women, procedural justice
Procedural justice
Procedural justice refers to the idea of fairness in the processes that resolve disputes and allocate resources. One aspect of procedural justice is related to discussions of the administration of justice and legal proceedings...
, and democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
as the ideal form of society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, and were principles which formed the basis of modern Western culture.
Western legal culture
Western legal cultureLegal culture
Legal cultures are described as being temporary outcomes of interactions and occur pursuant to a challenge and response paradigm. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures....
is unified in the systematic reliance on legal constructs. Such constructs include corporations, contracts, estates
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
, rights and powers to name a few. These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal cultures.
As a general proposition, the concept of legal culture depends on language
Language
Language may refer either to the specifically human capacity for acquiring and using complex systems of communication, or to a specific instance of such a system of complex communication...
and symbols and any attempt to analyse non western legal systems in terms of categories of modern western law can result in distortion attributable to differences in language. So while legal constructs are unique to classical Roman, modern civil and common law cultures, legal concepts or primitive and archaic law get their meaning from sensed experience based on facts as opposed to theory or abstract. Legal culture therefore in the former group is influenced by academics, learned members of the profession and historically, philosophers. The latter group's culture is harnessed by beliefs, values and religion at a foundational level.
See also
- Legal systems of the worldLegal systems of the worldThe legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
- Legal cultureLegal cultureLegal cultures are described as being temporary outcomes of interactions and occur pursuant to a challenge and response paradigm. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures....
- Canon lawCanon lawCanon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
- Roman lawRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
- Western cultureWestern cultureWestern culture, sometimes equated with Western civilization or European civilization, refers to cultures of European origin and is used very broadly to refer to a heritage of social norms, ethical values, traditional customs, religious beliefs, political systems, and specific artifacts and...