History of European Legal Systems

Code of Hammurabi

1750 BCE

Babylonian text written in Arcadian rediscovered in 1901 in Iran. Law is related to religion, moral and politics. The rules follow the model "If... then..."

Founding of Rome

753 BCE

The society is divided in "curiae" (3 tribes) and in "gens". The "census" is used to classify people according to their wealth and see potential "centuriae" assembled in "legiones".

Archaic Period

Period: 753 BCE to 250 BCE

• Institutions are ruled by custom
• Rome is monarchy --> royal decrees

Birth of the Republic of Rome

509 BCE

• Officials: Consuls, Prateors, Aediles, Questors, Tribunes of the Plebs, Censors
• Senate: 300 members chosen to guarantee continuity and advise and check the officials
• Centuriate assembly + Tribal assembly + Plebeian assembly (votes plebiscits) => elect, vote the law, confirm judgments
• Warrior society: annual campaigns, military service, plunder economy and slaves

Laws of the Twelve Tables

450 BCE

• Rules enacted to put an end to the conflict between the Patricians and Plebeians
• College of Pontifes had the monopoly over the interpretation and the practice of rituals

First Punic War

Period: 264 BCE to 241 BCE

Against Carthage

Second Punic War

Period: 218 BCE to 201 BCE

Led by Hannibal

Institutes of Gaius

161 BCE

Edictuum Perpetuum

135 BCE

Codified by Julian on the demand of Hadrian

Dictator Sulla

Period: 82 BCE to 81 BCE

Nominated by the Senate

Unjustified killing of slaves becomes a crime

81 BCE

• Before, the master had unlimited power of life and death over his slave, even though they were submitted to moral codes, verified by the Censors.
• Under Claudius (41-54), abandoned slave automatically became free.

Death of Caesar

44 BCE

After the First Triumvirate (Cesar, Pompeus, Crassus), Cesar took the title of perpetual dictator.

Second Triumvirate

43 BCE

Antony, Lepidus and Octavian (adoptive son of Cesar)

Birth of the Empire

27 BCE

Octavian takes the name of Augustus.

Emperor Tiberius

14 BCE

Adoptive son of Augustus

Military expansion of the Roman Empire

Period: 69 to 218

Third Punic War

Period: 149 to 146

Final destruction of Carthage

Edict of Caracalla

212

Extension of the Roman citizenship

Diocletian and the Tetrarchy

Period: 284 to 305

Power is shared between 4 emperors + System of dioceses

Codex Gregorianus

291

Codex Hergemonianus

295

Great persecution

303

By Nero. Against the Christians. Until 305 in the West and 311 in the East.

Emperor Constantine

306

Edict of Milan

313

By Constantine. Allows christianity.

Defeat of the roman emperor Valens in Andrinople

378

Against the Goths

Edict of Thessalonica

380

Catholicism becomes the State religion.Theodosius orders the destruction of pagan temples. Christianity will grow during the 5th century and Christians will hold the political power.

Conquest of Gaul by Clovis

381

• Clovis is baptised in 498
• He dies in 511 and the kingdom is divided

Ambrose of Milan compels Theodosius to do public penance

390

• Reaction to the massacre of Thessalonica
• Symbol of the Law of Faith, whose goal is to correct sins and find penitence
• Penitentials (ex: of Theodore) + "Amende honorable" (on your honour instead of your life)

Division of the Roman Empire between the West and the East

395

Constantinople becomes the capital of the Eastern Empire.

Sack of Rome by the Goths of Alaric

410

Theodosian Code

438

Win of Aetius against the Huns of Attila at the Catalaunic Fields

451

Law Burgundionum

474

Early Middle Ages

Period: 500 to 1000

Breviary of Alaric

506

Reign of Justinian

Period: 527 to 565

Asked Tribonian to make an important codification: The Corpus Juris Civilis

Institutes

533

• Introductory manual to roman civil law, which updated the one from Gaius.
• It will still be copied when the other compilations will disappear.

Digest

533

• Exerpts of works of jurists, compiled in 50 books arranged thematically.
• A manuscript from the 6th century is called the Codex Florentinus.

Code

534

• Compilation of all the imperial legislation, in 12 books organised thematically and chronologically.
• It will disappear but abridgements ("epistolae") will continue to circulate.

Arab political power

Period: 630 to 750

• 632: Death of Muhammad and unity around Islam
• 636: Romans are defeated at Yarmouk
• 639-42: Conquest of Egypt > then Africa and Spain
• 656: Civil war after the murder of the Caliph
• 732: Defeat against Charles Martel

Beginning of the Carolingian Empire

751

Pippin (mayor of the palace) puts an end to the reign of the last Merovingian King.

Charlemagne is sacred emperor

800

• Charlemagne becomes king after his father in 768
• He defeats the Lombards, Saxons and Avars --> power based on the cavalerie and on the support of the Church
• New capital: Aix
• Capitularies
• Division in counties and marches => missi dominici
• Oath of allegiance: commendatio > immixtio manuum > fideles
• Vassals (fief) ≠ Serfs

Treaty of Verdun

843

The Carolingian empire is divided between Charlemagne's grand-sons => birth of feudalism and principalities

Birth of the Holy Roman Empire

962

• Composed of Germany, Italy and Burgundy.
• The emperor is actually weak and roman kings are elected.

King Hugues Capet

987

Central Middle Ages

Period: 1000 to 1300

Decretum of Buchard of Worms

1025

Organised thematically in books and chapters.

Italian charter with a citation from the Code

1047

Codex

1050

Rediscovery of the 9 first books of the Code of Justinian, used by Irnerius.

"Expositio" on the "Liber Papiensis"

Period: 1050 to 1100

Commentary on a book on Lombard law by judges from Pavia who quote the Justinian Compilations.

King Philipp I

Period: 1052 to 1108

3 or 4 charters per year.

Pope Gregory VII

Period: 1073 to 1085

• Separation from the secular powers after the investiture controversy.
• The Pope is the Vicar of the Christ, the supreme judge of ecclesiastical matters and can intervene locally.

Italian charter with a citation from the Digest

1076

"Digestum Vetus"

1080

Rediscovery of the beginning of the Digest, from a lost manuscript.

King Louis VI

1108

King Louis VI

Period: 1108 to 1137

10 to 15 charter per year.

Panormia of Ivo of Chartres

1115

Central role in the development of Canon Law.

"Digestum Novum"

1120

Rediscovery of the end of the Digest, from the Codex Florentinum.

Concordat of Worms

1122

Puts an end to the conflict between the Pope and the German Emperor.

Death of Irnerius

1125

Bolognese master, judge and diplomat, successor of Pepo. He taught roman law with the rediscovered compilations of Justinian (with a lost manuscript of the Digest)

"Infortiatum"

1130

Rediscovery of the middle of the Digest, from the Codex Florentinus.

First version of the Decretum Gratiani

1140

• Gratian was an Italian cleric and bolonian teacher
• Also called "Concord of the Discordant Canons" it re-used earlier canonical collections and added roman law.
• This version was written in dialectical fashion with imaginary "casus".

Second version of the "Decretum Gratiani" called the "Vulgate"

1150

It is more complete and easier to use for the masters and pupils. It is the first book used to teach canon law.

"Volumen"

1150

Compilation of the Institutes, the "Tres Libri" and the "Authenticum" (translation and update of "novellae" from Justinian)

Henry II and the Plantagenet Empire

Period: 1154 to 1189

Parliaments are legislative bodies which vote the law.

Constitution "Habita" from Frederick Barbarossa

1158

Addition to the "Corpus Juris Civilis"

"Libri feodorum"

1170

Rules of Italian feudal law added to the "Corpus Juris Civilis".

Ecumenical Council of Latran III

1179

Held by Alexander III, it initiated the first collections of decretals => "jus ancticum" ≠ "jus novum"

King Philipp-August

Period: 1180 to 1223

Adopts the system of the Plantagenet Empire and expands the French royal domaine.

"Compilatio Prima" or "Breviarum Extravagantium" of Bernard of Pavia

1192

Collection of decretals promulgated after the Decretum Gratianum organised in 5 books (Judex, Judicium, Clerum, Connobia and Crimen).

Pope Innocent III

Period: 1198 to 1216

Jurisdictional privilege granted by Philip August to the students

1200

After a fight in a bar with German students.

First charter in French

1204

Informal creation of the Paris University

1208

To negotiate with the Pope.

Ecumenical Council of Latran IV

1215

Centralisation of the decisions regarding the Church.

First statutes of the Paris University given by Robert of Courson

1215

Emperor Frederick II

Period: 1215 to 1250

Pope Gregory IX

Period: 1227 to 1241

"Glossa Ordinaria" / "Magna Glossa" of Accurius

1230

Global glose of the Corpus Juris Civilis.

Liber Extra

1234

Compilation realised by Raymond of Pennaford on the demand of the pope Gregory IX, with the decretals of the pope since Alexander III, canons from the councils of Latran III and IV, modelled on the Codex of Justinian.

Great Black Death

Period: 1246 to 1353

The plague killed 1/3 of Europe.

Vidal Mayor commissioned by James the Conqueror

Period: 1247 to 1252

Customs of Aragon.

Creation of guilds of lawyers in England

1250

"Grande ordonnance" of Saint-Louis

1254

To reform the kingdom and the royal administration.

Foundation of a college by Robert of Sorbon

1254

"Siete Partidas" of Alfonso X the Wise

Period: 1256 to 1265

Established a code of laws for his kingdom of Castile and Leon.

Use of the proof by turbe by the Parliament of Paris

1270

Coutumes de Beauvaisis

1283

Written by Philippe de Beaumanoir

Customs of Toulouse granted by Philipp III

1286

Creation of Yearbooks

1290

Collections summarising the most important trials of the year, to be accessible to students and jurists instead of going into the archives of plea rolls.

Liber Sextus

1298

Collection of decretals from the pope promulgated by Boniface VIII

Late Middle Ages

Period: 1300 to 1500

Bull "Unam Sanctam" of Boniface VIII

1302

Extreme position of the papal theocracy in a context of tension with the French King Philipp the Fair.

Reform ordinance of Philipp the Fair

1303

Great Famine

Period: 1315 to 1317

The unfavorable climate had major consequences on the agrarian society.

Pope John XXII

Period: 1316 to 1334

Transfered the papacy to Avignon to pacify the tension with the French King.

"Constitutiones Clementinae"

1317

Decretals promulgated by Clement V but promulgated by John XXII

Extravagantes of Jean XXII

1325

Hundred Years' War

Period: 1337 to 1453

Creation of Inn's of the Court

1350

Lincoln's Inn, Gray's Inn, Middle Temple and Inner Temple

Death of Bartolus of Saxoferrato

1357

Defeat of the Great Jacquerie in Meaux

1358

Peasant rebellion in reaction to the taxation.

Great Schism

Period: 1378 to 1417

Election of two different popes due to the conflict inside the Church + Conciliarism

Ordinance of Montils-les-Tours

1453

Procedure to write down the customs which are first drafted locally before being send to the King Charles VII. The goal is to speed up court cases, put an end to the proof by turbe, and give more importance to local elites (decentralisation).

"De leudibus legum Angliae" of John Fortescue

Period: 1468 to 1471

• He is a lawyer in the service of Henry IV during the War of Roses, and writes his book in exile for Prince Edward.
• He simulates a dialogue and glorifies English common law, explaining that the customs are old and ratified by the Parliament which makes them better suited for the common good.

Charles VIII establishes a new procedure to write down the customs

1483

The customs are established during local meetings but the whole procedure is controlled from Paris. The first custom book is published in 1493 and the customs of Paris are written in 1510.

Freeska Landriucht

Period: 1483 to 1487

Collection of legal texts fro Frisia, which is inspired if roman law (Digest and Summa Coloniensis). It distinguishes the law of the pope and the law of the emperor, but gives importance to customs and tradition.

Fransisco de Vitoria

Period: 1483 to 1546

Defended the Indians against the Spaniards (ex: Sepulveda) claiming that they had natural rights because they benefited from the "law of nations". His idea influenced the later legislation (Ordinance of Vallodid in 1513).

Treatise on Tenures of Thomas de Littleton

1487

He uses the word "common law" as "droit commun". For him, common law is the law of the land and of the customs.

Corpus Juris Canonici

1500

Compilation of all the collections of canon law made by Jean Chappuis. He added the "Extravangantes communes" with all the decretals not codified.

Early Modern History and Little Ice Age

Period: 1500 to 1800

John Calvin

Period: 1509 to 1564

• Born in Noyon, studied in Paris and Orléans
• Converted to the reform and wrote the "Institutes of Christian Religion"
• Fled to Geneva where he reorganised the Church

"The Prince" of Machiavelli

1513

The politic is the art of maintaining power and the Prince must be cunning and use all means possible to protect himself and his state.

The "Ninety-five Thesis" of Luther

1517

• Disputes the Church over indulgences and affirm that the Church will always reform itself.
• He later rejected the authority of the pope and canon law in favour of the "sole scriptura"
• Reformers are in favour of a separation of the State and the Church and reject the images

Break of Huldrich Zwingli and Luther

1520

He is a pastor from Zurich with more radical ideas.

Peasant's Revolt

1524

Luther sided with the princes who followed his ideas against the Emperor Charles V

Foundation of the Jesuits by Ignatius Loyola

1534

Attached to a traditional religious order, they swear a special oath to the pope, and are first itinerant. They create their first school in 1548, offering a free education to the poor and for the elite

Ordinance of Villers-Cotterêt by François Ier

1539

Reforms the administration of justice by introducing French in all legal procedures and presenting a draft of register fro birth and death.

Ecumenical Council of Trent

1545

Against protestantism and creates congregations of bishops.

Fransisco Suarez

Period: 1548 to 1617

Jesuit who wrote a treatise on natural law, defending the existence of subjective rights and fighting against machiavelism.

Peace of Augsburg

1555

Establishes that every citizen can chose their religion. Protestantism gained importance among the elite but not the peasants

Beginning of the Wars of Religion

1562

Estates General of Blois for the revision of customs

1575

Many customs were judged imperfect and were rationalised by jurists (Charles Demoulin), so they could be controlled by the King and establish a hierarchy.

Ordinance of Blois of Henry IV

1579

Changes the rules on marriage to reaffirm the power of the parents.

Edict of Nantes

1598

Henry IV grants the Huguenots freedom of conscience.

"Institutes coutumières" of Antoine Loysel

1607

Proverbs that summarise customary law: "what the king wants, the law wants".

"The Free Sea" of Hugo Grotius

1609

• Young prodigy who developed the school of natural law.
• He explains that the sea is an international territory ≠ "mare clausum" of John Selden.

"De jure belli ac pacis" of Hugo Grotius

1623

Natural law are immutable principles coming from nature that have been laid down by God and govern the relations between States

Death of Edward Coke

1634

• Barrister opposed to James I (absolutism, retained justice, "the king is not subject to the law", judges mustn't interpret the law).
• For Coke, the common law is superior to the king and he considers it as an unwritten Bible
• He is against natural law and proposes "artificial reason"

"Discours of the Method" of Descartes

1637

Explains that all scientific disciplines can be explained following an axiomatic method. He considers French as a philosophical language.

"Considérations politiques sur les coups d'Etat" of Gabriel Naudé

1639

He develops the idea of "raison d'Etat", explaining that the protection of the state is more important than the law.

Parliamentary Frond

1648

First chair of Natural Law in the University of Kiel

1665

Ordinance on the civil procedure

1667

• Colbert was asked in 1665 by Louis XIV to propose a codification.
• He established a common procedure throughout the kingdom and limited the powers of the judge.

Ordinance on the criminal procedure

1670

"De Jure Naturae et Gentium" of Samuel von Pufendorf

1672

• Professor of natural law in the university of Lund since 1667.
• Presents natural law according to the "more geometrico"

Code Marchand on commercial law

1673

Edict of Saint-Germain-en-Laye

1679

Authorises the teaching of French Law in french.

"Recopilacion de Leyes de las Indias"

1680

Legislation on the Spanish colonies of America.

"Code Noir"

1685

To organise slavery in the colonies.

Revocation of the Edict of Nantes

1685

"Lois civiles dans leur ordre naturel" of Jean Domat

1697

Analysis of the rules of law following the natural order. He writes in French because he considers it a perfect language and a language of reason.

Emperor of Prussia Frederick the Great

Period: 1740 to 1786

Enlighten despot who wrote a critic of the machiavelism. His goal is to combat ignorance and make his people happy.

King of Austria Joseph II

Period: 1765 to 1790

His maxim is "everything for the people, nothing for the people". he lived a modest life and promulgated an edict of tolerance toward the Jews.

"Qu'est ce que le Tiers-Etat ?" of Sieyès

1789

Asking for a vote by head to grant more importance to the people.

Revolutionaries force the king to move to Paris and nationalise the clergy properties

1789

Estates General of Versailles

May 1, 1789

Convened to solve the financial crisis. The King hoped they would vote for a new tax.

Proclamation of the National Assembly

Jun 20, 1789

Tennis Court Oath

Jun 20, 1789

Storming of the Bastille

Jul 14, 1789

End of feudal rights

Aug 4, 1789

Declaration of the Rights of Man and of the Citizen

Aug 26, 1789

• Inspired by the subjective rights developed in the Medieval and Second Scholasticism => rules of Natural Law must be declared to exist and be respected by the future legislators.
• Article 16: Influence of Montesquieu with the "observance of laws" and the separation of powers.
• Article 1: Importance of liberty and equity (Rousseau)
• Article 2 and 17: Importance of property (Locke)
• Article 7: Influence of Beccaria with the prohibition of arbitrary imprisonments

First Constitution

1791

The powers of the King are now limited by a Constitution, and his power is divided with a Legislative Assembly, who will start a war against foreign countries.

Flee of Louis XVI to Varennes

Sep 20, 1791

Arrestation of the King

Aug 10, 1792

Leads to the birth of the Republic.

Victory of Valmy and creation of the National Convention

Sep 20, 1792

• The victory of the french army marks a change of military fortune => important role of the "Sans-Culottes" (local associations of patriots)
• The Convention is elected to determine a new regime for the country.

Declaration of the Rights of Man by the Jacobins

1793

Idea of a Social State: Common welfare is the top priority.

Beginning of the Terror

1793

• The "Comité du Salut Public" leads a totalitarian and persecutory policy to fight against the wars and local revolts. - Robespierre's Montagnards follow the idea that the Republic can only be achieved by purging the countries of its inside opponents.
• They promulgate the Constitution of the 1st Year which will never be applied.

Trial and execution of Louis XVI

Jan 21, 1793

Allgemeine Landrecht

1794

Codification of Prussian laws initiated by Frederick II in 1746

Execution of Robespierre

Jul 26, 1794

The Thermidorians calm the Terror and establish a new Constitution with a "Directoire" and a bicameral system.

Declaration of the Rights and Duties of Man and of the Citizen

Aug 22, 1795

• Preamble to the Constitution of of the 5 Fructidor Year III
• A "good man" need to observe and respect the laws.
• Theophilantropy: religion of the natural order which mimics the catholic cult.

Coup d'Etat of Napoleon

Nov 9, 1799

On the 18 Brumaire Year VIII, Napoleon establishes the Consulate.

Re-establishment of law schools

Mar 13, 1804

The 22 ventôse Year XII the schools reopened and the napoleonic codes were taught.

Civil Code

Mar 21, 1804

• Draft by a commission (Portalis, Tronchet, Maleville, Bigot de Préameneu) > Revision from the State Council > submitted to the consuls
• Spirit: stabilisation of the regime, conservative values, influence of roman law

Proclamation of the Empire

May 18, 1804

Code of Civil Procedure

1806

Code of Commerce

1807

Code of Criminal Procedure

1808

Penal Code

1810

"History of English Law before the time of Edward " of Frederic Maitland

1899

He is the founder of English legal history and agrees with idea of national spirit. His successor is John Baker who explains that English law resisted to a "fatal infection"