ORIGEN DEL DERECHO

Summary

This script delves into the evolution of law from ancient times to the present. It begins with the advent of writing and the first legal codes like the Code of Hammurabi and the Twelve Tables of Rome. The script then explores the Middle Ages, marked by the fusion of Greco-Roman law, Germanic customs, and Christian influence, leading to the development of canon law and the feudal system. The rise of nation-states and the decline of feudalism are highlighted, with the emergence of efficient judicial systems and national identities. The script underscores the enduring impact of Roman law on contemporary legal systems, emphasizing its foundational role in civil law and its influence on modern legal thought and practice.

Takeaways

• 📜 The ancient age of law begins with the emergence of writing and ends with the fall of the Roman Empire to the barbarians in the 5th century AD.
• 🌐 In primitive societies, laws were oral, which is logical considering they were collectives like hordes, clans, and tribes.
• 📚 The Code of Hammurabi, created by the sixth Babylonian king Hammurabi around 1700 BC, is considered the first great legal text in history.
• 🏛️ The Law of the Twelve Tables was the first written law in Rome, demanded by the plebeians to counter the abuses and monopoly of the patricians over unwritten customary law.
• 📝 The Greeks received normative influence from Mesopotamians, Egyptians, and Phoenicians, and by the 7th century BC, they were enacting severe laws to limit the abuses of nobles.
• 🏰 The Middle Ages of law span from the 5th to the 15th century AD, influenced by ancient Greco-Roman law, Germanic contributions, and Christian religion.
• 👥 The Germanic tribes brought their own law, leading to the creation of laws like the Visigothic Code, the Lombard Code, and others, while Roman laws were also compiled, such as the Code of Alaric.
• ⚖️ The Church played a significant role, with conflicts between church and state, and the supremacy of canon law in ecclesiastical courts using inquisitorial procedures.
• 🏗️ The emergence of the nation-state and judicial system saw the Church lose temporal power and feudalism become a burden, leading to the rise of a new power, the nation.
• 🌐 The Justinian Code, with its superior legal quality, helped end the legal anarchy that prevailed across Europe.
• 📖 The Roman law is crucial in contemporary law as it provides the foundation for concepts like property, marriage, and family, influencing the civil law of Hispanic America and much of Europe.

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