Foundations of Civil and Common Law

Law, Legal Traditions, and Institutional Development - Revision Sheet

1. 📌 Essentials

• Civil law is rooted in Roman law, emphasizing codification and systematic doctrines.
• Common law developed through judicial decisions, precedents and procedural rules.
• Magna Carta (1215) limited royal authority and established procedural rights.
• Henry II’s reforms introduced jury, writs, and itinerant justices, centralizing English justice.
• Justinian’s Corpus Iuris Civilis is foundational for civil law systems.
• Roman law classifies legal concepts into Persons, Things, and Actions.
• The English legal system is practice-based with professional jurists; continental systems are doctrine-based. The Magna Carta's key clauses include due process and rights of barons.
• Parliament evolved from royal councils into a bicameral legislative body.
• Inns of Court in England trained lawyers; university law in continental Europe focused on Roman and canon law.

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