«The Civil Law System: History and Mythology

Shapiro Study Questions

1. What is the main point Shapiro makes in this chapter regarding civil law judges' reliance on pre-existing roles?
2. What evidence does he use to support his argument? That is:
1. How does the history of the civil law support this notion?
1. Are the various historical codes complete and authoritative collections of roles handed down by a single lawgiver?
2. What about the Napoleonic Code or the German Code of 1900?
3. Do common law courts use statutes to decide cases, or only precedent?
4. Conversely, do civil law courts use precedent to decide cases, or only statutes (i.e., codes)?
2. How does the evolution of the French law of delict in the context of automobile accidents support his argument?
3. Other characteristics of civil law courts:
4. How would you describe the style of fact-finding adopted by civil law courts according to Shapiro?
5. What do trials look like in the typical civil law country?
6. What do judicial careers look like?
1. What consequences might these careers have for judicial independence in Latin America?