Legal tradition and comparative law

Cardilli

ROMAN LAW

First Lecture 28/09/2018

1. LEGAL ORDER VS. LEGAL SYSTEM

2. UNIVERSAL IDEAS VS. NATIONAL IDEAS

3. UNIVERSAL LAW VS. NATIONAL LAW

4. UNIVERSAL POWER VS. NATIONAL POWER

1. Legal Tradition it’s at the base of both legal orders and systems

NATION STATE IDEA

LEGAL ORDER: it’s an expression of the in affair;

Nation State Idea is a group of organizations/institutions of a TERRITORY

that has power.

Each modern state came out because at the base there was a Nation.

A Nation is something that has an identity: the only real “nation” is France

(it’s always had the same values); we could also call “nation” the territory

from Mexico to Brazil. In the 50 States of US the only “nation” is the one of

the REDSKIN.

A Nation should have POWER, a TERRITORY and therefore “boarders”,

and its national LAW.

Language and Religion help as well.

A Legal Order is the expression of the Nation State Idea (which is made by national

POWER, TERRITORY and LAW)

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LEGAL SYSTEM: UNIVERSAL AND SUPERNATIONAL

René David (a scholar of Comparative Law), he studied the Legal Orders

FAMILY

and he came up with another concept: (father, mother, brother..)

is a family: the

ROMAN LAW

ROMAN GERMAN FAMILY (EU)

German law was treated before Germay was even created in the 19th century; the

PANDECTISTIC law was created.

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DIGESTA (latin) Roman Emperor Justinian German Law is based on Justininan’s

PANDECTE (greek) Roman law, that later translated to BGB

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