COMPARATIVE LAW
W.B. Fisch, Winter 1999
Assignment #6
Ch. 3. THE CIVIL LAW TRADITION IN EUROPE BEFORE THE REVOLUTION
D. Revival of Roman Law
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The University as Institution
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sponsorship: Emperor, City and Pope
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structure
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students
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immunity from ecclesiastical, imperial and municipal taxes, protection
from reprisals based on co-citizenship
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organizations based on nationality
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self-government through councils
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faculty
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regulation by students, as to content, capacity and diligence, only gradually
superceded by the authority of sponsors
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primary compensation from lecture fees paid by individual students
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moonlighting by most popular
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only gradual development of salary structure
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The Curriculum and Methods of Study
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first principle: authority of Roman texts
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Code and Novels for public law
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Digest for private law
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schools of interpretation and their literary forms
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Glossators
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Commentators
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Humanists
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methods of instruction
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lectures
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disputations
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reviews
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examinations and degrees: license, baccalaureate, doctorate
E. Canon Law
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taught in universities in competition with (secular) Roman Law
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not historical, but practical and contemporary in content
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reliance on Roman law models for organization, interpretation and instruction