Civil Law System

Meaning of Civil Law System in the Past

The term civil law is generally applied by way of eminence to the civil or municipal (see more about this popular legal topic in the U.S. encyclopedia) law of the Roman empire, without distinction as to the time when the principles of such law were established or modified. In another sense, the civil law is that collection of laws included in the institutes, the code and the digest of the emperor Justinian and the novel constitutions (see more about this popular legal topic in the U.S. encyclopedia) of himself and some of his successors. Ersk. Pr. L. Scotl. B. 1, t. l, s. 9; 6 L. R. 494.

Developments

The Institutes contain the elements or first principles of the Roman law, in four books. The Digests or Pandects are in fifty books and contain the opinions and writings of eminent lawyers digested in a systematical method, whose works included more than two thousand volumes, The new code or collection of imperial constitutions (see more about this popular legal topic in the U.S. encyclopedia), in twelve books; which was a substitute for the code of Theodosius. The novels or new constitutions (see more about this popular legal topic in the U.S. encyclopedia), posterior in time to the other books and amounting to a supplement to the code, containing new decrees of successive emperors as new questions happened to arise. These form the body of the Roman law or corpus juris civilis, as published about the time of Justinian.

Details

Although successful in the west, these laws were not, even in the lifetime of the emperor universally received; and after the Lombard invasion they became so totally neglected, that both the Code and Pandects were lost till the twelfth century, A. D. 1130; when it is said the Pandects were accidentally discovered at Amalphi and the Code at Ravenna. But, as if fortune would make an atonement for her former severity, they have since been the study of the wisest men and revered as law, by the politest nations.

Other Aspects

By the term civil law is also understood the particular law of each people, opposed to natural law or the law of nations, which are common to all. Just. Inst. l. 1, t. 1, 1, 2; Ersk. Pr. L. Scot. B. 1, t. 1, s. 4. In this sense it, is used by Judge Swift. See below.

More Information

Civil law is also sometimes understood as that which has emanated from the secular power opposed to the ecclesiastical or military.[1]

Resources

Notes and References

1. Partialy, this information about civil law system is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including civil law system.

See Also