tailieunhanh - Psychiatry in Society - part 4

Trong phát triển đương đại của nó, nó bắt nguồn từ Pháp và Đức trong thế kỷ 18 và 19. Tại Pháp, pháp điển hoá của pháp luật (ví dụ, việc thiết kế và giới thiệu các mã đề pháp luật như mã dân sự, thương mại, vv) dưới Napoleon trong những năm đầu thế kỷ 19 | 82 PSYCHIATRY IN SOCIETY of Roman law from which it has drawn significantly but not exclusively. In its main contemporary development it emanated from France and Germany in the 18th and 19th centuries. In France the codification of laws . the design and introduction of topical codes of laws such as the civil code the commercial code etc. under Napoleon in the early 19th century aimed at systemizing the law so as to make it understandable to every citizen. The subsequent doctrinal work of leading scholars contributed to its clarification and evolution. In Germany the adoption in 1900 of the Bundesgesetzbuch BGB the German civil code aimed at structuring legal concepts it resulted from intense work by scholars over the 19th century. In addition to Continental Europe where most jurisdictions have been influenced by the Romano-Germanic family its influence is found in America . Latin America Louisiana USA Quebec Canada in Africa in the Near East and in Asia. Essentially the civil law tradition is based on a codification of customary legal principles. It was initially designed to systemize and organize the law according to theoretical principles. Codes are typically divided into a number of topical books which embody legal principles of general or specific natures. They are to be considered in relation with each other to assess a legal situation. Codes are designed to be complete. This means that judges very seldom draw from customary law in existence prior to the codification. Judges are to interpret the legal principles contained in the code to decide a given case and they enjoy a significantly lower degree of legal autonomy by comparison with common law judges. Importantly judges give very great deference to the interpretations and opinions expressed by scholars. Codes from different countries influenced by this family may depart significantly from each other in terms of the rules they embody. Yet several key legal concepts and theoretical constructs are common