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Showing posts from January, 2020

Socialist Law

                           Socialist Law The Socialist Family •        Socialist law is based on Marxian philosophy. •          It is the official name of the legal system of Communist states. •        Socialist law is mostly influenced from civil law system, with major modifications and additions from Marxist-Leninist ideology. Socialist law •        However, there is fundamental difference between civil law family and socialist family of law. •        The objective of law in civil law family has been defining the notion/concept of private property (the method of acquiring property, its transfer and protection, while Socialist legal systems see the concept of private property as the source of all evils. •        Socialist Legality postulates (assume) that in a socialist society, the law should serve as a tool to promote the development of socialism. •        Function of law is to protect the socialist goal, repress the reactionaries and teach the people ab

French law

French law •      Roman law was in practice in France before the collapse of Western Roman Empire in 476 A.D. •      However, Roman law was in practice after the collapse of the empire. •        In 506 A.D. King Alaric II of Visigoth passed a statute based on Roman law, ( which helped the survival of Roman law in the southern France.) •      In the northern part the Franks established Frankish state and replaced Roman law with their own customary law of Germanic origin (issued statutes like Lex Salica or Salian law. ) •      The universities like Montpellier and Toulouse in the 12 th century taught   Roman law.   (   which helped   to filter Roman law Northwards without displacing the customary law of Franks.) •      Thus,   the south had written law ( droit ecrit h), and the north had customary law ( droit coutumier ). •      The northern customary law was based on oral tradition and the judge who did not know the appropriate rule of the relevant coutume had to d