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Evolution of LawThe civil law according to ordinary modern concept of law would be but a rule of conduct enforceable by the Law courts. Yes, it generally is but not hundred percent satisfying the necessities of justice. To Roman thinkers the law according Gaius (earlier jurist) was embodied in the statutes. Definition of Law with the Roman was different but all believed that laws were to follow. According to Justinians' Institute, Justice represented a 'constant and perpetual disposition of will which renders to each one what is right.' And that justice give to each man what is his due. Here Roman have attributed source of political authority into emperor who could always delegate his authority to people. To Gaius the "populus" is the source of all legal authority. The will of the ruler had the force of law and was called Rex legis. But Rex Legis has the force of law because it was based on the consent of the people. However, later such an authority was exposed to perversion and lawyers put it in such a way that emperor was presented to be responsible to no one while staying himself above the law as all civil law was emanate from him. West adopted being a universal law the Roman system of Jurisprudence too. The Roman law became the Canon Law when Christianity became the state Church by the Roman Empire. Next comes the legal system of Tautens (6th Century) that believed legal rights as not due to the state but for being embodies with every private person. Thus Teutonic law had a personal basis, as each man was its own lawmaker and claiming the right to be tried according to his own law. It was then said that tribal customs to be having force of law. : Unwritten common law had a growth too and later this common law was replaced in Europe by the Roman law but England retained it. Then the Papal capiphate gave its own classification of law. St. Thoman Aquina tried to connect God, nature and Man in a rational scheme. This gave the four kind of law i.e. Eternal, National, Divine and Human which were said to be at four different levels of the Universe. Human Law was divided into Jus Geniu and Jus Civile. This eclisticalism paved way to the secularists when Marsiglio distinguished between kinds of law. He said divine law was a common of God directly without human deliberation about voluntary acts of human beings to be done or avoided in this world. |
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