This lesson has presented a large number of concepts related to the legal systems put in place by ancient and modern civilizations. Before you take the lesson quiz, use the following flashcards to help you review the most important concepts.
Modern Law and the Classical Legacy
What is a penal system?
a set of rules for assigning punishments or compensation when laws are broken
Modern Law and the Classical Legacy
What is compensatory justice?
a legal code that requires someone convicted of a crime to compensate, or pay back, the victim of the crime
Modern Law and the Classical Legacy
What does lex talionis mean?
Lex talionis means a written code requiring exact retribution, such as an eye for an eye. It first appears in Hammurabi’s Code.
Modern Law and the Classical Legacy
The Roman justice system was based on a great mass of jurisprudence, which still serves as a model for legal codes today. What is jurisprudence?
Word Roots:
juris = law
prudentia = knowledge of
jurisprudence = science and study of law
Modern Law and the Classical Legacy
What elements of modern law emerged more fully under the Romans?
the concepts of legal representation and strategic litigation (the use of professional lawyers)
Modern Law and the Classical Legacy
What are the four main sections of Justinian’s Code?
The four main sections of Corpus Juris Civilis are:
The Codex (all existing laws that were considered legitimate)
The Digest of Pandects (an encyclopedia of legal opinions)
The Institutes (a textbook that introduced the Code to students)
Novellae Constitutiones (new laws in response to cases not covered by the Codex)
Modern Law and the Classical Legacy
Why was the rediscovery of Corpus Juris Civilis in the 11th century so important?
It moved the spirit of the law back away from the use of trials by ordeal and other irrational approaches to justice.
Modern Law and the Classical Legacy
Define due process.
laws that ensure a person cannot be deprived of life, freedom, or property without a fair trial
Summary
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