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Western legal culture


Western law refers to the legal traditions of Western culture. Western culture has an idea of the importance of law which has its roots in both Roman law and canon law. As Western culture has a Graeco-Roman Classical and Renaissance cultural influence, so does its legal systems.

The rediscovery of the Justinian Code in the early 10th century rekindled a passion for the discipline of law, which crossed many of the re-forming boundaries between East and West. Eventually, it was only in the Catholic or Frankish west, that Roman law became the foundation on which all legal concepts and systems were based. Its influence can be traced to this day in all Western legal systems (although in different manners and to different extents in the common (Anglo-American) and the civil (continental European) legal traditions).

The study of canon law, the legal system of the Catholic Church, fused with that of Roman law to form the basis of the refounding of Western legal scholarship. The ideas of civil rights, equality before the law, equality of women, procedural justice, and democracy as the ideal form of society, and were principles which formed the basis of modern Western culture.

Western legal culture is unified in the systematic reliance on legal constructs. Such constructs include corporations, contracts, estates, rights and powers to name a few. These concepts are not only nonexistent in primitive or traditional legal systems but they can also be predominately incapable of expression in those language systems which form the basis of such legal cultures.


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