FREE Justinian Code of law Vs. California Code of law Essay (original) (raw)
Based on the excerpts from the Justinian Code of law and the California Code of law, it is evident that they have various similarities regarding, the subjects of marriage, assault and battery, robbery, and wills and inheritance. Although they both have similar ideas concerning these topics, they both emphasize their views in different forms. In certain topics the Justinian Code provided more in depth laws, yet in others, the California Code was much more precise. It seems like they shared the same beliefs and had the same structure for their laws, but the only difference was the amount of emphasis given to each individual topic. The first example of when these similarities and differences can be observed is with Jim and Wilma's marriage situation.
Jim is 23 years of age and his parents actively support him and his wish to marry his girlfriend Wilma. Wilma on the other hand, is 29 years old, in the process of divorcing her husband, and is forbidden to marry Jim by her father. Under Justinian Code, this couple would not have been able to get married for two main reasons. One of which was that she did not have her fathers permission and therefore without his consent, she could not get married. The second reason was that Wilma was still in the process of getting divorced and until the divorce was finalized, she could not get married because no women could have two husbands at the same time.
Although under California Code Wilma would not need her fathers consent, she would still not be able to get married do to the fact that she was still married. Even though she was in the process of getting divorced, she would still have to wait until that process was completed before she could marry Jim. Just like in the Justinian Code, the California Code also said that it was illegal to enter into a contracted marriage with a person while still legally married to another. If it were left up to me, the law regarding marriage would be that as long as neither of the two are married, and can prove that they know what they are getting into, then they should be able to get married.
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