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bogdanovich [222]
3 years ago
8

Why does the code mention both civil law and law of nations

History
1 answer:
Ugo [173]3 years ago
3 0

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codifiedinto a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent, or stare decisis).[1][2]

Historically, a civil law is the group of legal ideas and systems ultimately derived from the Codex Justinianus, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices,[3] as well as doctrinal strains such as natural law, codification, and legal positivism.

Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules.[4] It holds case law to be secondary and subordinate to statutory law. When discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios.[5] Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed.

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Answer to your questions:

1. What role does balance play in Daoist teaching?

Daoism looks for the basics or true nature of the world such as simplicity and disinterest in conformity with the Tao (Great Spirit) and leading a life expressing the essence of spontaneity. So in Daoist teaching balance looks for a condition in which different elements are in the correct proportions.  

2. What did Confucius think was the key to a happy society?

For Confucius the key for society happiness was: Love for each other, keeping of traditions, education and be human and compassionate.

3. Who was Shi Huangdi, and why was he significant?  

Shi Huangdi was the first emperor of China and founder of the Qin Dynasty   He was significant because he unified China with the first dynasty, building the Great Wall and the Terracotta Army found in his grave to protect him in his after life.

4. Why did Shi Huangdi move noble families to the capital and forbid the private ownership of arms?  

Shi Huandi decided to move noble families to the capital to weaken rival nobles since nobles were somehow discontent because they were replaced with officials and were reduced in power.

He forbids the private ownership of arms to prevent any rebellions.

5. What were the advantages and disadvantages of the harsh Legalist policies that Shi Huangdi used to govern the large Qin Empire?  

Advantages: Unification of China under Qin Policies; Standardization of writing, coins, weights and measures used across china and even laws were standardize.

Disadvantages:  The emperor Shi Huandi ordered to burn most Confucian books so he was not well liked by Confucians besides he took all the arms to prevent any rebellions.

6. Do you think that the Han civil service examination system was a good method for choosing government officials? Why or why not?

Only wealthy people and recommendations from local officials could become government officials but they were well educated so looking it from this perspective the han civil method was a good one sine created stability for more than 2000 years.


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