THE CLASSICAL AND THE MEDIEVAL TRADITION
The development of law began with ancient Greece, where the idea that law resulted from human intention was emerging, but its practice remained limited. In classical Athens, laws could not be changed easily; only a special group could alter them. This tension between the people's will and the rule of law led Aristotle to criticize this type of democracy. Roman law, which significantly influenced Western legal systems, was mainly formed through the discoveries of legal experts rather than direct legislation. It emphasized finding existing principles of justice rather than creating new laws. By the end of this historical development, specifically during the Byzantine period, Emperor Justinian codified these laws, which later misrepresented law as simply a ruler's decree.
For almost a thousand years in Western Europe, law was viewed as something to discover rather than create, with legal decisions seen as uncovering existing but unrecorded laws. New laws were often regarded as restorations of older laws, portraying law as timeless and unchanging.
However, from the thirteenth century onward, a shift began to occur, aligning law-making with the ruler's will, particularly during the rise of absolute monarchies. The tradition of 'law of nature' faced challenges, evolving into a concept tied to 'natural reason.' England uniquely maintained medieval liberties, developing a common law that was independent of any ruler's will. This resulted in a legal system that governed court decisions without interference from legislative bodies. Consequently, the British legal system led to a form of freedom that distinguished itself from other European nations, rooted in the independence of the common law and the courts.
The development of law began with ancient Greece, where the idea that law resulted from human intention was emerging, but its practice remained limited. In classical Athens, laws could not be changed easily; only a special group could alter them. This tension between the people's will and the rule of law led Aristotle to criticize this type of democracy. Roman law, which significantly influenced Western legal systems, was mainly formed through the discoveries of legal experts rather than direct legislation. It emphasized finding existing principles of justice rather than creating new laws. By the end of this historical development, specifically during the Byzantine period, Emperor Justinian codified these laws, which later misrepresented law as simply a ruler's decree.
For almost a thousand years in Western Europe, law was viewed as something to discover rather than create, with legal decisions seen as uncovering existing but unrecorded laws. New laws were often regarded as restorations of older laws, portraying law as timeless and unchanging.
However, from the thirteenth century onward, a shift began to occur, aligning law-making with the ruler's will, particularly during the rise of absolute monarchies. The tradition of 'law of nature' faced challenges, evolving into a concept tied to 'natural reason.' England uniquely maintained medieval liberties, developing a common law that was independent of any ruler's will. This resulted in a legal system that governed court decisions without interference from legislative bodies. Consequently, the British legal system led to a form of freedom that distinguished itself from other European nations, rooted in the independence of the common law and the courts.