History of Criminal Law from the Roman Justice Essay

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With the name of "dogma of the completude", a phenomenon appears of the medieval roman tradition - from the times where the Roman law goes being, to the few, considered as the Right for excellence, of a time for all statement in the "iuris Corpus" -, that it compelled the jurist and the Judge to trust the sufficiency of the legal system - without necessity of if helping in the fairness -, workmanship of an infallible State in the construction of the system, capable of foreseeing a rule for each existing case and that porventura came existing. according to principle, the order did not have gaps. The Judge was obliged to judge all the controversies the one that was called to nullify and rank in the codes only made it on the basis of a…show more content…
With the new State positivado in the jusnaturalismo of the enciclopedistas, from the French revolution of 1789, the "certainty" took account of the legal scene of the time. With the sprouting of the "school of exegese" (narrowly connected with the dogma of the completude), it was transferred to understand that the "Code" did not have gaps, therefore the judge fit the function to base its decisions on the analogy and the orienting general principles of the code. The law started to be the only unalterable e source of the Right, fitting to the judge, the sight of the problem, to find the norm in the "Code", renegando it tradition of the Common law of the "Ancien Regimen" that placed as formal sources of the Right, to the side of the law, the customs, the sentences and, with has detached, the doctrine, the side of the tradition and the principles of the Natural law. This school - of the Exegese - all dominated legal the thought French of century XIX, truily idolatrando the law. However, in the elaboration of the "Code Cívil", Cambacérès (author of the first project) said that the code could not foresee all the cases. This task would fit to the legislator who, observing the case concrete, would elaborate the pertinent law. Referé was the call "legislatif." The article 4º of the French Civil Code, Napoleonic

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