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Modern Art Civil: As a description of the law in force in the modern art civil world, the civil law-common law classification is incomplete. Some legal systems, such as the Scandinavian, do not fit readily into either category. Furthermore, with the emergence of Communist states in eastern Europe the civil law systems of those countries underwent profound changes. Nonetheless, if the need for appropriate qualification is kept in mind, an understanding of the general characteristics of the civil law system can serve as an introduction to the legal orders of many contemporary societies.
In the field of contracts—as in other branches of the law—the crucial Roman influence on the modern art civil civil law thus derived from the habits of thought, analysis, and presentation that were developed by university study of Roman law rather than from the specifics of that law. Men could transact more freely in terms of their needs and desires. In this way the intellectual ground was prepared in the field of contracts— and in the law generally—for the great codifications of the 19th century.
It is harder to generalize about the contributions of Roman law to modern art civil civil law at the level of specific rules and solutions. The degree of Roman influence differed in the various fields of law and in the various parts of the Continent.
The terms "civil liberties" and "civil rights" have no fixed and uniform definition. Often they are used broadly and interchangeably. One way of distinguishing the two phrases is to say that a person enjoys a civil "liberty" when he is protected against some government action, but enjoys a civil "right" when the law confers upon him a positive power to do something. Thus the right to speak freely would be a civil liberty; the right to use public facilities on an equal basis would be a civil right. |
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