Sample Essay on:
Basis for Western Law

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Essay / Research Paper Abstract

A 6 page paper which examines where it originated (considering the influence of America’s Founding Fathers and the formulation of laws after the Revolutionary War), how Western law was incorporated into the Constitution and the Bill of Rights, its similarities and differences to Islamic law, and explores how modern law has changed its conceptual focus. Bibliography lists 4 sources.

Page Count:

6 pages (~225 words per page)

File: TG15_TGwestlaw.rtf

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Unformatted sample text from the term paper:

2003). This is largely due to the fact that during the twentieth century, the United States moved to the forefront of international political arena as the primary architect of contemporary Western law. But this hasnt always been the case. The United States is a relatively new player on what is becoming an increasingly crowded global stage, and is hardly where the basis for the concept of Western law began. Instead, what is now known as Western law began many years earlier, with the emergence of Roman civil law (Calabresi, 2004). Beginning in Bologna around 1100 A.D., Roman law, specifically the Code of Roman Civil Law as enacted by Byzantine Emperor Justinian, formed the basis for private law not only in Italy, but quickly spread throughout Western Europe, including France, Germany, Spain, and Portugal (Calabresi, 2004). Roman law served as the foundation for contract, property, tort, and family law throughout Western Europe for approximately 800 years before there was such a document known as the Constitution of the United States (Calabresi, 2004). The two factors that helped to unify Roman law in the West was the uniformity of religion (Catholicism) and language (Latin) (Calabresi, 2004). But surprisingly, even after the Protestant Reformation and native languages began supplanting Latin in speech and literature, "a common Roman law tradition united much of Europe" (Calabresi, 2004, p. 273). Why? Because Roman law was easily adaptable to citizen needs and could be effortlessly incorporated into Western societies regardless of dominant language or religion. What is now referred to as American Western law was significantly influenced by the English constitutional approach to government that flourished in the thirteenth century with the Magna Carta, which not only curtailed the power of the monarchy, but also contained a ...

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