Flashcards: World History of Law — 55 cards

All cards

1Question

What is law in a society?

Answer

A system of rules organizing relationships within a society.

2Question

Why does the history of law overlap with civilization history?

Answer

Because each organized society develops rules, procedures, and institutions.

3Question

How do legal systems vary?

Answer

They vary as oral or written, religious or secular, and based on custom or legislation.

4Question

What does the Roman formula 'ubi societas, ibi ius' mean?

Answer

Where there is society, there is law.

5Question

When did written law emerge in the Fertile Crescent?

Answer

Toward the end of the fourth millennium BCE.

6Question

What is the Code of Ur-Nammu known for?

Answer

It is the oldest known Mesopotamian legal collection.

7Question

What type of sanctions does the Code of Ur-Nammu favor?

Answer

Pecuniary sanctions over corporal punishment.

8Question

How many articles does the Code of Hammurabi contain?

Answer

282 articles.

9Question

What logic does the Code of Hammurabi apply in its sanctions?

Answer

A casuistic logic varying sanctions by social status.

10Question

What does Ma’at represent in Egyptian belief?

Answer

Cosmic order, justice, and balance.

11Question

Who was responsible for maintaining Ma’at?

Answer

The pharaoh.

12Question

What legal rights did Egyptian women have?

Answer

They could own property, enter contracts, bring legal actions, and divorce.

13Question

How does Confucianism seek social order?

Answer

Through virtue and respect for rites.

14Question

How does Legalism maintain order?

Answer

By clear, severe, and impartial laws.

15Question

When did Confucius live?

Answer

From 551 to 479 BCE.

16Question

How did Confucius view penal law?

Answer

As a crude instrument for those unable to follow the proper way.

17Question

Who was Han Feizi?

Answer

A leading representative of Legalism around 280–233 BCE.

18Question

When was the Code of the Tang promulgated?

Answer

In 653.

19Question

What did the Code of the Tang combine?

Answer

Legalist tools with Confucian principles.

20Question

Which countries' laws were influenced by the Code of the Tang?

Answer

Korean, Japanese, and Vietnamese law.

21Question

How diverse were precolonial African legal systems?

Answer

They were highly diverse with hundreds of distinct systems.

22Question

What is the African legal oral tradition?

Answer

It is the transmission of rules through elders, griots, and customary chiefs.

23Question

How did African legal oral tradition preserve customs?

Answer

With considerable precision and flexibility.

24Question

What was the goal of African dispute resolution?

Answer

To restore collective harmony.

25Question

How was African dispute resolution typically conducted?

Answer

By public discussion led by elders and accepted by the community.

26Question

What effect did colonization have on African legal systems?

Answer

It imposed imported laws without always abolishing customary systems.

27Question

What legal condition remains widespread in Africa due to colonization?

Answer

Legal pluralism.

28Question

How did Maya civilization distinguish offenses?

Answer

By whether the offender was noble or commoner.

29Question

What range of sanctions did Maya law use?

Answer

Sanctions ranged from fines to death.

30Question

What punishments could Aztec law impose for public drunkenness?

Answer

Death.

31Question

Where were specialized tribunals located in Aztec law?

Answer

In Tenochtitlan.

32Question

What are the three central Inca legal precepts?

Answer

Ama sua, ama llulla, and ama quella.

33Question

What do the Inca precepts ama sua, ama llulla, and ama quella mean?

Answer

Do not steal, do not lie, and do not be lazy.

34Question

Did the Inca have written legal codes?

Answer

No, they had no written legal codes.

35Question

How did the Inca maintain legal tradition and organize labor?

Answer

Through coherent oral tradition and quipus.

36Question

In which year did the Norman conquest begin centralizing English royal justice?

Answer

1066

37Question

Who established itinerant royal judges and the writ system in England?

Answer

Henry II Plantagenet

38Question

What did the writ system consist of in common law origins?

Answer

Written chancery orders allowing claimants to bring specific wrongs before royal courts

39Question

What did each writ correspond to under the forms of action in English law?

Answer

A procedure and a type of action

40Question

What is Equity in legal terms?

Answer

A complementary body of rules remedying common-law rigidity through conscience.

41Question

Who did disappointed litigants petition from the 14th century?

Answer

The king.

42Question

To whom did the king refer claims for equitable judgment?

Answer

The Lord Chancellor.

43Question

Name one institution introduced by Equity.

Answer

The trust.

44Question

Name another institution introduced by Equity.

Answer

The injunction.

45Question

Name a third institution introduced by Equity.

Answer

Specific performance.

46Question

What did the Judicature Acts of 1873–1875 do to jurisdictions?

Answer

They fused common-law and chancery jurisdictions.

47Question

Did the Judicature Acts of 1873–1875 preserve the conceptual distinction between jurisdictions?

Answer

Yes, they preserved the conceptual distinction.

48Question

What does stare decisis require in common law?

Answer

Higher court decisions bind lower courts.

49Question

What is ratio decidendi in judicial decisions?

Answer

The principle necessary for a decision.

50Question

What are obiter dicta in judicial decisions?

Answer

Incidental judicial observations.

51Question

How does a common-law trial differ from a continental inquisitorial trial?

Answer

Common-law trials are oral and adversarial with parties presenting proof.

52Question

Who investigates the case in a continental inquisitorial system?

Answer

The judge investigates the case.

53Question

Does common law have a general private-law codification like the French Civil Code?

Answer

No, it does not have a comparable general private-law codification.

54Question

How did the common-law tradition spread worldwide?

Answer

Through the British Empire.

55Question

What role did the US Supreme Court play in common-law tradition?

Answer

It became a major source of legal innovation through its constitutional role.

Test yourself with the quiz

Test your knowledge with 19 questions on World History of Law.

1. Concerning law and social organization, which statement(s) is (are) correct?

2. Regarding the emergence of written law, which proposition is correct?

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