The Common Law and Civil Law Traditions” Please note that there is a short gloss

The Common Law and Civil Law Traditions”
Please note that there is a short glossary of terms offered with this article, which will be incredibly useful for our course.
1. What is one of the main sources of American law? What system of law does the United States primarily use?
2. What role do judges have in a common law system and how does this differ from a civil law system?
3. What does it mean for a law to be codified v. uncodified?
“Early Modern Period”
Pay close attention to the section that covers common law as it gives you a good introduction to some of the scholars we will be reading later in the semester. Here is a link to the article in case you want to check out the biographies of Blackstone, Hale, and Coke.
4. Starting in the 1620s, in England what was seen as the foundation of law?
5. Under command theory of law, who determines the context of the law? According to legal theorist, how does this help motivate others to follow the law?
a. You should note that this theory is connected to civil law. Furthermore, we will find similar views held by legal positivist in the 20th century.
6. Under common law theory what did scholars, lawyers and judges see as the basis for common law? How did these laws get their force?
a. Note this term (the answer to the first question) and note the various scholars listed here as they will show up later this semester.
7. As we will be reading about this later let’s make note of it now – what was Coke’s view about England’s history and its laws and what was Hale’s view?
a. Note Hale disagrees with Coke.
8. What is the big difference between command theory and common law theory?
9. What is the theory of adjudication and how does it work when it comes to identifying law itself?
10. What is Coke’s understanding of artificial reason and what role does education play in developing artificial reason?
11. Why is Hobbes’ seen as a legal positivist?

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