Traditional Culture Encyclopedia - Traditional culture - Similarities and differences between eastern and western legal systems in the middle ages.
Similarities and differences between eastern and western legal systems in the middle ages.
2. Difference: In the ancient East, due to the long-term retention of land public ownership and the remnants of primitive society, the development of law was very slow, simple and rough; In ancient Greece and Rome, due to the development of commodity economy, the law developed very rapidly and reached a relatively perfect level.
In the ancient East, the law served the autocratic monarchy with a strong color of absolutism. In the west, most slave countries take the form of democracy or nobility, so the law is more democratic. Especially in Athens, its democratic politics reached the highest level at that time.
Extended data:
1. In the ancient East, the legislative power was mostly held by the monarch; In the west, however, the sources of law are scattered. For example, in Athens and the Roman Republic, there were notices from consuls and magistrates, laws of people's congresses, resolutions of the Senate and works of jurists.
2. In ancient Chinese law, ceremony occupies an important position. "Ceremony is the first and the foundation of politics" is both a moral norm and a legal norm. Qin Shihuang ruled the country by law. In the early Western Han Dynasty, it was generally "overlord and mixed soldiers". Since Emperor Wu of the Han Dynasty "ousted a hundred schools of thought and respected Confucianism alone", Confucianism has become the dominant political thought, and gradually formed a feudal legal thought system with the confluence of etiquette and law as its basic characteristics.
3. Religion is very powerful in the ancient oriental method. Not only Indian law and Hebrew law are systems of integration of law and religion, but also secular countries such as Egypt and Babylon all claim that law is given by God and is the embodiment of God's will. In the laws of the west, Greece and Rome, the influence of religion has basically been eliminated and has become an independent field.
Baidu Encyclopedia-Ancient Chinese Legal System
Baidu Encyclopedia-Western Law
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