Discretion in Making Decisions in the Civil Law: Historical Background of Jus Civili and Jus Positivum

Description

This Skill Bit talks about how Civil law judges play an active, inquisitorial role in examining evidence and applying the law. They have discretion but must adhere to legal standards and are subject to appeals, which ensures accountability and consistency. Jus civile was ancient Roman law for Roman citizens, originating from the Twelve Tables and evolving into a system that influenced modern civil law. Jus positivum, on the other hand, refers to human-made laws enforced by governments, contrasting with natural law and typically codified in written statutes and regulations.

Duration approx. 4 Min.

Tier: proficiency