Scheda di revisione: 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.

2. 🧩 Key Structures & Components

• Corpus Iuris Civilis — Roman codification, including the Code, Digest, and Institutes.
• Jury — 12 local men, witnesses, formalized in 1166, key to procedural justice.
• Royal Courts (England) — Curia Regis, Common Pleas, King’s Bench, central to legal practice.
• Magna Carta — Charter limiting royal power, establishing procedural rights.
• Inns of Court — Training centers for English lawyers, including barristers and serjeants.
• Writs — Formal royal instructions enabling access to justice.
• Parliament — Bicameral body (Lords and Commons), legislative and oversight functions.
• Roman Law Concepts — Persons, Things, Actions, forming the basis of civil law classification.

3. 🔬 Functions, Mechanisms & Relationships

• Roman law’s classification into Persons, Things, Actions structures legal reasoning.
• Civil law systems organize rules into codes, emphasizing doctrinal coherence.
• Common law develops through judicial decisions, with precedents shaping future rulings.
• Henry II’s reforms (jury, writs) created accessible, centralized justice.
• Magna Carta’s clauses (e.g., Art. 39) establish procedural protections and limit royal authority.
• Parliament’s evolution reflects societal shifts from royal control to representative governance.
• Inns of Court provide practical legal training, fostering professional jurists.
• Writs serve as formal channels for initiating legal proceedings.
• The hierarchy of royal courts ensures appeals and uniform justice.

4. 📊 Comparative Table

Item	Key Features	Notes / Differences
Civil Law	Roman origin, codified, systematic	Emphasizes doctrines, abstract principles
Common Law	Judge-made, case-based, procedural	Emphasizes precedents, local customs
Justinian’s Corpus	Code, Digest, Institutes	Foundation of civil law systems
Roman Law	Classifies into Persons, Things, Actions	Shift from objective rules to subjective rights
French Civil Code	Property as an absolute right (Art. 544)	Codified, systematic
Henry II Reforms	Jury, writs, itinerant justices	Centralized and accessible justice
Magna Carta	Limited royal power, procedural rights	Foundation of due process
Parliament	Evolved from royal council, bicameral	Legislative and oversight functions

5. 🗂️ Hierarchical Diagram (ASCII)

Law & Culture
 ├─ Civil Law
 │    └─ Roman roots, codification, doctrine
 ├─ Common Law
 │    └─ Case-based, procedural, judge-made
 ├─ Development in England
 │    └─ Norman conquest, Henry II reforms, jury, writs
 ├─ Legal Education & Professions
 │    └─ Inns of Court, forms, rolls, yearbooks
 ├─ Key Institutions
 │    └─ Royal courts, Parliament, Magna Carta
 └─ Comparative Context
      └─ France & Italy: university, Roman, canon law

6. ⚠️ High-Yield Pitfalls & Confusions

• Confusing civil law’s systematic codes with common law’s case law.
• Mistaking the role of juries in England as purely advisory; they decide facts.
• Overlooking the influence of Magna Carta on modern due process.
• Assuming all legal systems rely solely on written statutes; case law is vital in common law.
• Confusing the hierarchy of royal courts (King’s Bench, Common Pleas) in England.
• Misunderstanding the Roman classification: Persons (individuals), Things (property), Actions (legal procedures).
• Ignoring the procedural nature of English law versus doctrinal focus of continental systems.
• Overestimating the role of canon law in civil law traditions.

7. ✅ Final Exam Checklist

• Understand the origins and differences between civil law and common law.
• Know the significance of Justinian’s Corpus Iuris Civilis.
• Recognize the key reforms of Henry II (jury, writs, itinerant justices).
• Memorize the main clauses of Magna Carta and their significance.
• Describe the development of Parliament and its functions.
• Identify the role of Inns of Court and legal professions in England.
• Comprehend the Roman law classification: Persons, Things, Actions.
• Be familiar with the hierarchy of royal courts in England.
• Understand the influence of Roman and canon law on continental systems.
• Recognize the importance of procedural rights established by Magna Carta.
• Know the sources of law: statutes, case law, doctrinal writings.
• Be able to compare legal cultures: practice-based vs. doctrine-based.
• Understand the concept of legal culture shaping societal authority and legitimacy.
• Recall major legal texts: Glanvill, Yearbooks, Formularies.
• Recognize the role of writs in accessing justice.
• Understand the societal and political context influencing legal development.

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