Civil Law
idea · 2 works · 4 mentions · 9 anchored passages
civil law · the civil law · Roman law · civilian learning · conventional law
in the texts
The Rights of War and Peace
Positive, national legal enactments repeatedly distinguished from and compared to natural law obligations.
In other nations, the civil laws, acting upon just motives, declare certain promises made by wards and minors to be void, not only among the Romans, but among the Greeks also, as it has been observed by Dion Chrysostom in his twenty-fifth oration.
But in obligations of this kind also, the civil law, from obvious motives of general utility, occasionally interposes its authority to make them void:
For the civil law, in order to discourage frequent causes of litigations, does not interfere with those agreements which are enforced by the law of nature and of nations.
The Genius of the Common Law
Roman civil law, whose influence on the Common Law was historically both exaggerated by early text-writers and later required careful distinction from canon law's separate influence.
Through successive generations, for about two centuries, English text-writers were ready, now to ascribe magical influence to ‘the civil law,’ of which they seldom knew a word at first hand, now to swallow legends of a feudal system that never existed in England, or again to fly to the other extreme and swear by a ‘mark system’ that never existed anywhere.
and maybe some with pure civilian learning, but very little from admiralty law.