1. If we were to discuss the origin of the English Law, we can see that it is a vital point to see the influence that Roman Law did in order for it to flourish as one of the basis of the laws in the modern era nowadays. It is not, as previously thought by many people, from the laws of foreign land but rather the influence of the existing law in Europe which is passed traditionally through different system of communication.
These laws had various effects to neighboring lands because of its will power to organize the society as it define certain set of rules and guidelines to be followed by everyone. Thus, to say that English law flourished in noble isolation is quite inaccurate to say because of the discovered variation happened to the said law due to the existing influence of some laws, most especially the Roman Law.
Since we had the above notion, when the writers started to study the real roots of English Law, they see the marks of the continental laws which are visible in English Law. The resemblance of many points to other systems used in Roman law is quite accurate depiction how it was proven that this is not brought by other conquerors who once ruled he land with under their control. But, the important realization of this, the law which has been the standard of living of the people had been discovered and traced its roots not from foreign lands, but in some land not far away, but still part of the heritage of being a European.
A proof of the claims of the importance of Roman law is obvious when the English tried to do their moves in systematizing and organizing their own laws. One of the first people who tried to do this is Bracton, who presented his proposal of systematizing their laws based on the general overview of the common law, which is rooted from the Roman law. Since they integrated a comprehensive analysis of the Roman law in their own, many other writers tried to do the same as Bracton.
But, as they used the Roman law as their basis, they were tempted to do the same classifications used in Roman law in organizing their own, thus, they also borrowed the language and the terms used in depicting their own concepts.
If these developments are to be followed, we can see that through the integrating or even using the language itself us in depicting concepts and ideas in Roman law in English law, as well as the guidelines of the system used in organizing and classifying things, then, such use of the system in their own and use of the language itself is a manifestation of the origin of the system, because not only the representation of the language was acquired but also the meaning attached to every letters of it.
Since then, the elemental composition of the English law, as it was derived from the Roman law is highly based on common law system. As thee Romans started in following this kind of law, it has been seen that common law started the same as the foundation of the civil law. Since the introduction of this kind of law system, there has been a lot of varying acceptance and modification of the said systems.
Such variation is obvious when different people used different approach in determining the law perspective on certain issues and its stand in everything hat is happening. Basing from this, where the civil law based on the damaged that has been done and what the law is saying about it, the Roman law tried to look at different perspective to see the wider angle of the issue and therefore look for the provision that may be applied not only in the penalty or the results of the actions but for the whole issue as well.
In discussing the difference of the common and civil law, it is important to understand why there is a variation and its effects on he existing and the existed system used in Roman law as it influenced many of the laws once used in different parts of Europe. It is important to see that such changes in the existing contributed to the wide variety of different laws influenced by the introduction of the concepts used in Roman law.
Therefore, in analyzing this, a perspective on different scenes and issues that contributed, as well as the self serving bias of accepting that it is not invented by the original proponents of such but rather is a modification of some existing guidelines that was used by other is certain part of the land that they see fit in application in their own land.
Civil law gave importance to the result of the issue. What is damage done? What are the provisions of the law that give this damage explanations and actions to be done for the said issue? Then, they thoroughly analyze if the actions done and the result satisfied the requirement for it to be considered. Whereas, in the common law, they look up at the previous decisions made by the court and use this as a basis for their decision.
So, in the English court, as it used the same system as the common law, the lawyers look back at the precedent then and use this to analyze the cases being presented to them. On this way, they find a way of determining the proper penalty and ensured the fairness and transparency of their provisions in the law for it based the decisions on not only the result but the over-all effect and implications of an issue.
But the thing is, English law is not only a modification of common law because it is an integrated law based from other laws such as canonic law or church law. when it began to implement, they mostly based their decisions as part of the decision of the church or the cosmic intervention for the issue. This had brought them the idea of having a king based on the divine fate that was set upon by the maker of the world.
So, in connection with this, they believe that the king is the representative of the Gods and he is the one who should have the power to protect and to guide the kingdom from any problem or destruction. Therefore, it is also a part of their law to base it from the words of the king itself as they see him as the most powerful mortal in the world.
A manifestation of this is the sudden division of English law from the church when King Henry VIII tried to divorce his wife. The church law forbids anyone who do this because of its conservative teachings and therefore, against the will of God. But, instead of
putting penalty to the king which incurred a great sin to be considered, the decision was to break up with the catholic teachings and have their own based on what is convenient for each one of them.
One of the points considered as they claim that England’s law is due to their separation physically and culturally from any other culture. They developed many kinds of system that is original to them. This is quite true because there is a decreased influence of the laws of Romans and French but there is still a fact that the foundation of their law is due to the big influence of the said laws.
2. To any countries or societies existed in the world, most of the societal structure gave importance to the ruler class or sometimes called the capitalist. At the first place, they had the most influential power in the society that most of the time says what is the most important for the welfare of their businesses. The countries protected hem because of their benefits to them as they are the one who give wealth for the societies. That is why, it has been evident to some countries having lighter provisions and sometimes biased because of their say and influence in the society where they can have the utmost control even in the regulation of the government itself.
Basing from the historical accounts that we have, if we were to look back to the influences to the laws that was made and being implemented in different European countries especially Germany and Italy, we can see that there is really a drive from the business community to say what should be implemented for the betterment of the society, where in fact, for the betterment of their own personal gains.
Like in Germany, the people of Germany had been trained to be stiff, disciplined and well-oriented to what they should do in the society for them to be a useful part of it. Most of the people should know what are their responsibilities and their scheduled tasks for their own personal use in the society. In doing these, they gained through their experiences the attitude of persevering to gain their goals. This is one of the key competencies of the business people of Germany. They had studied their own cultural context as to what conveniences will they get if they proposed certain rules and regulations.
In business context, it is quite problematic for them not to have their own set of laws because there are issues that can’t be resolved by the existing common law that prevails.
Although, they have the capability to easily determine the answers to the inquiries being presented, the transactional costs in doing this is so high that the income or the greater value of doing this is accounted not to the business owners but to the lawyers who extracted details form the vague issues that they want to have an answer. In doing so, they became the strongest proposition of lobbyist of extra inquiries and net sets o regulation because of the benefits the government gains through them. They had become a cluster of power to determine and have a say towards the societal needs and their own personal gains and exemption to certain laws.
Territorial assumption shows that businessmen had a lot of power especially in Germany and Italy where their own national identity had been lost for centuries. They belong to those countries who acquired their identities in the field of wealth and stability only after the twentieth century. They had flourished from their own historical tradition and find it difficult to adjust to certain pressures that drive them to have changes in their system and government. The roles of the businessmen here is that they are the one who pursued the severe system change as they are the one who first felt the system dysfunction that they are experiencing through time.
In Italy, where there had been a long time of struggle and conflict between the urge to have a new system and to retain the current resulted to confusions and fights among the people of it, started to make a move at the same time when Germany is standing again from their fall.
Then, since the capitalist class who were the major people of the country had been doing their best to stand and make way for their personal and societal identity through pushing of several movements that allow them to rediscover their cultural heritage and historical identities through having a more concise and fair set of laws that to be implemented to them. This should have been a part of their life as it will give them not a burden of having a set of rules but as a benefit for it will protect their cost. So, as they do their usual business, their drive to look for something better and to have something better persists.
This phenomenon is happening also in the east world as they try to cope up with the fast changes happening on the other side of the globe. In China for example, were they hold on the principle of equal opportunities but at the same time capitalist ruling. Their laws was primarily based on heir own country development as they closed their doors from any other country influence for many years.
They had flourished their own laws behind the walls that hid them but the prevailing of a certain classes to dictate the flow of any society had been seen. Thus, it was seen that from their tradition of hard work and excellence born a system of laws that determine their own cultural and personal identity as compared with any other countries worldwide.
Japan also had a reason of having these changes to their own system laws. Most of their laws were based on the economic and business laws in Germany as well as many other influences in the western world. Where there had been severe modification and variation of provisions favoring those of having businesses to be an asset pf the country.
Both of these countries may have the same fate as those experienced by many western countries in the world. The major cost of this movement is one of the reasons why this movement had been flourished from the mindset of the people. The practicality of adopting changes and laws from other countries who show success in using the same system had been a great reason of having the laws same as the others.
3. If we were to discuss what Unequal Treaty means, we should look back at the historic context of this deed by the east countries when they experienced doing this kind of treaties with other forces at the other side of the globe. Where there exist a political and economic turmoil in each of the countries concerned that is why they are forced to use sudden intervention of their usual solution for and treaties signed by several East Asian countries and western powers in solution to answer the pressure brought to them by severe economic problems. (Glenn, 2004)
These treaties were characterized by the literally them to be able to cope up with it.
An unequal treaty is a kind of consideration unequal trade of territories and other things from the western power but the eastern countries have no choice but to accept their offer. This produced greater problems for they undergone separation from their old territories and therefore run by other country with different nationalities.
This manifestation of having severe problems that affecting the wealth of the countries had brought up certain factors for them to give up some of their most influential and functioning territory that was being selected not by them but the western power that have the stronger influence compared to them.
By doing such, many of those who experienced having trouble in their wealth and national assets had been forced to make way of giving a [portion of their land territory for the sole benefits of the other countries from its natural resources. Although some of the proposed plans had tried to equalize the effects and the benefits of both parties involved in creating the treaties, however, most of the attempt of restoring the chances of having an egalitarian mutual treaties had been defunct primarily by the western proponents of the treaty.
This manifestation of inequality had been seen throughout the historical data that shows the importance of such treaties in making the possibility of having a territorial approximation and even the legal basis of everything that should be done. Since the effect of having the systematic change and the call of being part of a group where the persistence of having a quite drastic move of settling and claiming a part of the country resulted to drastic cultural distortion and identity confusion, the people had learned to demand the basic rights they should have because of their territorial heritage.
Since it is one of the vital parts of the negotiation, both of the parties involved tried to maximize the benefit that they could get. But assuming that the conflict between the two opposing power will only result to one party being inferior to the other, as obviously seen in the Unequal treaty or trade of the different countries, the more powerful country will have the opportunity of having the more beneficial term for them. (Glenn, 2004)
One of the problems that can be accounted to this treaty is the unequal treatment of nationality that is mutually living in one vicinity when they were traded to other territory. Such changes had been seen as their way of escaping the tension from their own cultural identity and thus having a superior feeling towards their under men. The people had been seen as treating their fellow country man as they should have to but the others with certain negative behavior and attitude to whom they regard as of lower class compared to them.
This indifference with regards to the possibility of having discrimination within the societies change in their autonomous way of governing the people often leads to a varying knowledge and beliefs in connection with the personal biases set upon by the reigning community in which they interfered and try to locate their identity. In viewing this scenario, a carefully handpicked concept can be drawn out as a representative of the oppressing power and the ideals of having a marginalized group within their own system and country.
Most of the Asian countries had no choice left but to approve the sudden denudation of their rights and territorial power fro them not to suffer to become a colony of a specific power territory outside their domain. In protecting their territories, their decision on having a more legalized and certain immediate decision is needed for it not to affect the international relation they should have.
In doing so, they suffered from the consequences of losing one of the vital parts of their traditions and their cultural realization such as the importance of their territories where at some point, will have a value larger than they expected to have. But since they had no choice but to follow the wants and decision of the upper and the more powerful sector, they remained silent in this endeavors.
One of the most salient effects that can be drawn out from the imagery of having this tradition as part of their cultural sector could have been the greatest effect of sending some influences to the land where they are expected to have their own power stature and when this came into their realization, then, there could have been a severe breakdown of ideologies and irrelevant scenarios.
Like what happened in Asian Countries where they incorporated and agreed to the terms that they knew at the first place will not benefit them as the prior rightful owner of their lands but the notion of having this as being the central part of their core beliefs and values had been seen to have great effects on their relation with other institution, internally and externally. (Glenn, 2004)
If this imbalance can not be put in the end of doing things as they should have to, then the power of influencing and making certain territories under their control and commands are easier for them to execute. But since they were limited to certain extent as to what they should have done to certain scenarios, the major fulfilling of the Asian unequal treaties could be related into the powerful extracts of historical imagination and undermining of their strength as a powerful country too. But, for some reasons, there had been certain problems arising to the sudden change of the society.
The Asia had been a long victim of their own choice of being in a group and in a deal wherein they had only one option. To approve the proposal but suffer from the consequences of it, or do not accept the proposal and suffer from it also. But the unequal treaties had been a concept passed to us from the western civilization as they try to prove their power to us.
World Total : 3333
I stopped here because I am approaching the word limit.
I based all my assumption on your notes and on your readings provided.
Since this is an exam, citation is needed but because it is purely based on my understanding, there is an agreement that whatever concepts that I will use that is already cited on the book can remain uncited.
I hope for your future endeavors.
The first question focused on the invention of the English law as it was said to have been developed by their own due to their geographical relation.
The second is the historical background of Germany and Italy and the implication of having business related circle in determining the future of the society,
The last is about the asian countries dealing with the western countries with their unequal treaty. Its effect and implications to different sectors have been looked up.
don’t forget to answer the survey… J