Sunday, August 11, 2019
What is the difference between Roman law and Anglo law Essay
What is the difference between Roman law and Anglo law - Essay Example This paper involves a comparative analysis of Roman and Anglo Law. It identifies the differences and similarities between these two streams of law and how they work in the historical context. The study goes on to examine the contemporary effects of these two streams of law and how they operate in Britain and Spain. In examining the context of Roman and Anglo Law, there is the need to evaluate and analyse the historical context within which the two legal systems evolved. The history of Roman law cannot be separated from the spiritual age or the role of the Catholic Church in formulating rules and anointing leaders who were believed to have the divine right to rule (Coughlin, 2011). This is different from the Anglo legal code which is centrally built around the Norman Conquest and the changes that came with the political and feudal order through the creation of laws that were a collection of legal systems and processes that existed in different parts of Britain (Atiyah & Sommers, 1987). The scope of the Roman Law is based on the Canon of the Catholic Church which included core rules and fundamental principles that were laid down by the Church for its followers (Glenn, 2010). Roman Law and the Canon Law was shrouded in mysticism and hence, this formed the foundation for the actions and activities of the legal system and the legal processes that existed in these Catholic countries and such nations. Some of the top commentators and proponents of Roman Law rejected the concept of the validity of law, this is because the these thinkers believed that law should not be based on logic, but rather on divine direction (Coughlin, 2011). This is because there is a general trend and process in which they sought to protect the divinity of the papacy and the divinity of anointed kings and nobles who were viewed as persons with divine power and
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