FACTOID # 28: Austin, Texas has more people than Alaska.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Roman law

Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. In some countries like Germany the practical application of Roman law lasted even longer. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. This is especially true in the field of private law. Even the English and North American Common law owes some debt to Roman law although Roman law exercised much less influence on the English legal system than on the legal systems of the continent. The influence of Roman law is shown by the wealth of legal terminology, retained by all legal systems, like stare decisis, culpa in contrahendo[1] or pacta sunt servanda. Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. ... Pacta sunt servanda (Latin for pacts must be respected) is a Brocard, a basic principle of civil law and of international law. ...

Contents

Development of Roman law

Origins

Roman Law begins with the Law of the XII Tables, the first important piece of legislation in the early Republic, dating from the middle of the 5th century BC. According to Roman historians, the plebeian tribune C. Terentilius Arsa proposed that the law should be written down in order to prevent it from being applied discriminatively by the patrician magistrates.[2] After 8 years of struggle the plebeians convinced the patricians to send a delegation to Athens to copy out the Laws of Solon. In addition, various delegations were sent to other cities in Greece in order to find about their legislations[2]. In 451 BC, ten Roman citizens were chosen to record the laws (decemviri legibus scribundis). For the period in which they performed this task, they were given supreme political power (imperium), while the power of the magistrates was restricted[2]. In 450 BC, the decemviri produced of the laws on ten tablets (tabulae), but was regarded unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the XII Tables was approved by the people's assembly[2]. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... Motto Senatus Populusque Romanus Roman provinces on the eve of the assassination of Julius Caesar, c. ... Athens is the largest and the capital city of Greece, located in the Attica periphery. ... The Solonian Constitution was the earliest Athenian constitution, created by Solon in the early 6th century BC. Solon wanted to revise or abolish the older laws of Draco, which had not solved any of the problems in Athens despite inflicting harsh penalties for almost every crime. ...


Modern scholarship tends to challenge the accuracy of Roman historians. It is generally considered unlikely that a second decemvirate ever took place. The decemvirate of 451 is believed to have included the most controversial points of customary law, and to have taken upon itself the leading functions in Rome[2]. Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed. It is unlikely that an official delegation was sent to Greece as the Romans believed, instead, it is suggested that Greek legislations were acquired from the Greek cities of Magna Graecia, which used to act as Rome's main portal to the Greek world[2]. The original text of the XII Tablets has not been preserved. They were probably destroyed when Rome was conquered and set on fire by the Celts in 387 BC.[2] Magna Graecia around 280 b. ... This article is about the European people. ...


A view (Jenő Szmodis, 2005) suggests that the ancient roots of the Roman Law derive directly from the Etruscan religion, which puts great emphasis on the rituality and is rather formality-centred concerning its nature. As evidence, Szmodis drafts the structure of the bi-rooted Roman culture, then it verifies its Etruscan descent through the description of certain phenomena and institutions. (J. Szmodis: The Reality of the Law - From the Etruscan Religion to the Postmodern Theories of Law; Ed. Kairosz, Budapest, 2005.; http://www.jogiforum.hu/publikaciok/231)


Archaic period

The private law of this time (754 - 201 BC) was old Roman civil law (ius civile Quiritium), which applied only to Roman citizens. It was closely bonded to religion and it was undeveloped with attributes of strict formalism, symbolism and conservatism, such as the highly-ritualised practice of Mancipatio, a form of sale. There are very few or no other articles that link to this one. ...


It is impossible to give an exact date for the beginning of the development of Roman legal system. The first legal text, the content of which is known to us in some detail, is the law of the twelve tables. The fragments which have been preserved show that it was not a law code in the modern sense. It did not aim to provide a complete and coherent system of all applicable rules or to give legal solutions for all possible cases. Rather, the twelve tables contain a number of specific provisions designed to change the customary law already in existence at the time of the enactment. The provisions pertain to all areas of law. However, the largest part seems to have been dedicated to private law and civil procedure. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...


The important law sources of this time are results of class struggle between patricians and plebeians. As the result of this struggle "Law of twelve tables" has been made. Other laws include Lex Canuleia - 445 BC (which allowed the marriage- ius connubii- between patricians and plebeians), Leges Licinae Sextiae - 367 BC (made restrictions on possession of public lands -ager publicus-, and also made sure that one of consuls is plebeian), Lex Ogulnia - 300 BC (plebeians received access to priest posts), and Lex Hortensia - 287 BC (verdicts of plebeian assemblies -plebiscita- now bind all people). This article is about the social and political class in ancient Rome. ... In Ancient Rome, the plebs was the general body of Roman citizens, distinct from the privileged class of the patricians. ... The Lex Canuleia was a law in ancient Rome, passed during the Republic in 445 BC, which allowed intermarrige between plebians and patricians. ... This article is about the social and political class in ancient Rome. ... In Ancient Rome, the plebs was the general body of Roman citizens, distinct from the privileged class of the patricians. ... Lex Licinia Sextia was a Roman law passed in 367 BCE and took effect in 366 BCE. It resumed the consulship, reserved one of the two consul positions for a plebeian, and introduced new agrarian limits. ... Lex Ogulnia (300 BC) is one of the results of the long class struggle between patricians and plebeians. ... In Roman law, Lex Hortensia (287 BCE) was the final result of the long class struggle between patricians and plebeians. ...


Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law. However, Rome’s most important contribution to European legal culture was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law—a subject which the Greeks themselves never treated as a science. The Lex Aquilia was a Roman law that was possibly passed in 286 BC, or at some other point in the 3rd century BC. It was concerned with damage done from damnum iniuria datum, unjust done damage, a kind of a tort law (albeit with differences from tort as known... Centuries: 4th century BC - 3rd century BC - 2nd century BC Decades: 330s BC 320s BC 310s BC 300s BC 290s BC - 280s BC - 270s BC 260s BC 250s BC 240s BC 230s BC 291 BC 290 BC 289 BC 288 BC 287 BC 286 BC 285 BC 284 BC 283... In the common law, a tort is a civil wrong for which the law provides a remedy. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... Greek philosophy focused on the role of reason and inquiry. ...


Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius: Flavius is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court in order to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers the 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus a friend of Marcus Tullius Cicero. Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of the principate in 27 BC. There are very few or no other articles that link to this one. ... Centuries: 4th century BC - 3rd century BC - 2nd century BC Decades: 350s BC 340s BC 330s BC 320s BC 310s BC - 300s BC - 290s BC 280s BC 270s BC 260s BC 250s BC Years: 305 BC 304 BC 303 BC 302 BC 301 BC - 300 BC - 299 BC 298 BC... (2nd millennium BC - 1st millennium BC - 1st millennium) The 2nd century BC started on January 1, 200 BC and ended on December 31, 101 BC. // Coin of Antiochus IV. Reverse shows Apollo seated on an omphalos. ... Quintus Mucius Scaevola Pontifex (died 82 BCE), the son of Publius Mucius Scaevola was a politician of the Roman Republic and an important early authority on Roman law. ... Servius Sulpicius Rufus (c. ... For other uses see Cicero (disambiguation) Marcus Tullius Cicero (January 3, 106 BC - December 7, 43 BC) was an orator and statesman of Ancient Rome, and is generally considered the greatest Latin prose stylist. ... The Principate is, according to its etymological derivation from the Latin word princeps, meaning chief or first, the political regime dominated by such a political leader, whether or not he is formally head of state and/or head of government. ... Centuries: 2nd century BC - 1st century BC - 1st century Decades: 70s BC 60s BC 50s BC 40s BC 30s BC - 20s BC - 10s BC 0s 10s 20s 30s Years: 32 BC 31 BC 30 BC 29 BC 28 BC 27 BC 26 BC 25 BC 24 BC 23 BC 22...


Pre-classical period

In the period between about 201 to 27 BC, we can see the development of more flexible law to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium (so called because praetors were central to the creation of this new body of law and because the Praetorship was an honorary service). With this new law the old formalism is being abandoned and new more flexible principles of ius gentium are used. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected...


The adaptation of law to new needs was given over to juridical practice, to magistrates, and especially to the praetors. A praetor was not a legislator and did not technically create new law when he issued his edicts (magistratuum edicta). In fact, however, the results of his rulings enjoyed legal protection (actionem dare) and were in effect often the source of new legal rules. A Praetor's successor was not bound by the edicts of his predecessor, however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict (edictum traslatitium). Magistratus ordinarii (ordinary magistrates) and Magistratus extraordinarii (extraordinary magistrates) were two categories of officials who held political, military, and, in some cases, religious power in the Roman Republic. ... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected...


Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law was so defined by the famous Roman jurist Papinian (Amilius Papinianus - died at 212 AD):" Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam" ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law are fused in the Corpus Juris Civilis. Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) also known as Codex Justinianus is a fundamental work in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...


Classical Roman law

The first 250 years of the current era are the period during which Roman law and Roman legal science reached the highest degree of perfection. The law of this period is often referred to as classical period of Roman law. The literary and practical achievements of the jurists of this period gave Roman law its unique shape.


The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised the magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts, in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. An edict is an announcement of a law, often associated with monarchism. ...


The jurists also produced all kinds of legal commentaries and treatises. Around AD 130 the jurist Salvius Iulianus drafted a standard form of the praetor’s edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated the requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Domitius Ulpianus . For other uses, see number 130. ... Julius Paulus (second century AD), also known as Paulus or Paul, was an influential Roman jurist whose writings feature prominently in Justinians Digest. ... Ulpian (Domitius Ulpianus) (died 228) was a Roman jurist of Tyrian ancestry. ...


The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here:

  • Roman jurists clearly separated the legal right to use a thing (ownership) from the factual ability to use and manipulate the thing (possession). They also found the distinction between contract and tort as sources of legal obligations.
  • The standard types of contract (sale, contract for work, hire, contract for services) regulated in most continental codes and the characteristics of each of these contracts were developed by Roman jurisprudence.
  • The classical jurist Gaius (around 160) invented a system of private law based on the division of all material into personae (persons), res (things) and actiones (legal actions). This system was used for many centuries. It can be recognized in legal treatises like William Blackstone's Commentaries on the Laws of England and enactments like the French Code civil.

Gaius was a celebrated Roman jurist. ... In Rome, the manufacturing of soap containing grease, lime and ashes begins. ... William Blackstone as illustrated in his Commentaries on the Laws of England. ... First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force...

Post-classical law

By the middle of the 3rd century the conditions for the flourishing of a refined legal culture had become less favorable. The general political and economic situation deteriorated. The emperors assumed more direct control of all aspects of political life. The political system of the principate, which had retained some features of the republican constitution began to transform itself into the absolute monarchy of the dominate. The existence of a legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-third century are known by name. While legal science and legal education persisted to some extent in the eastern part of the empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law. Where the writings of classical jurists were still known, they were edited to conform to the new situation. // Overview Events 212: Constitutio Antoniniana grants citizenship to all free Roman men 212-216: Baths of Caracalla 230-232: Sassanid dynasty of Persia launches a war to reconquer lost lands in the Roman east 235-284: Crisis of the Third Century shakes Roman Empire 250-538: Kofun era, the first... The Principate is, according to its etymological derivation from the Latin word princeps, meaning chief or first, the political regime dominated by such a political leader, whether or not he is formally head of state and/or head of government. ... The Dominate was the despotic last of the two phases of government in the ancient Roman Empire between its establishment in 27 BC and the formal date of the collapse of the Western Empire in AD 476. ...


Important concepts of Roman law

Ius Civile, Ius Gentium, and Ius Naturale

The ius civile ("Citizen law", originally ius civile Quiritium) was the body of common laws that applied to Roman citizens and the Praetores Urbani (sg. Praetor Urbanus) were the individuals who had jurisdiction over cases involving citizens. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected...


The ius gentium ("law of peoples") was the body of common laws that applied to foreigners, and their dealings with Roman citizens. The Praetores Peregrini (sg. Praetor Peregrinus) were the individuals who had jurisdiction over cases involving citizens and foreigners. Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, either before it was mustered or more typically in the field, or an elected...


Some Roman jurists introduced ius naturale as a further category. It encompassed natural law, the body of laws that were considered common to all beings. The jurists wondered why the "ius gentium" was in general accepted by all people living in the empire. Their conclusion was that these laws made sense to a reasonable person and thus were followed. All laws which would make sense to a normal person were called ius naturale. Slavery for example was part of the empire-wide ius gentium because slavery was known and accepted as a fact in all parts of the by then known world, nevertheless slavery does not make sense to a reasonable person. Forcing people to work for others was not natural. So, slavery was part of the "jus gentium" but not of the "ius naturale".


Ius Scriptum and Ius Non Scriptum

The terms ius scriptum and ius non scriptum literally mean written and unwritten law, respectively. In practice, the two differed by the means of their creation and not necessarily whether or not they were written down.


The ius scriptum was the body of statute laws made by the legislature. The laws were known as leges (lit. "laws") and plebiscita (lit. "plebiscites" [originating in the Plebeian assemblies]). In them, Roman lawyers would include:

  • The edicts of magistrates (magistratuum edicta),
  • The conclusions of the Senate (Senatus consulta),
  • The responses and thoughts of jurists (responsa prudentium), and
  • The proclamations and beliefs of the emperor (principum placita).

The ius non scriptum was the body of common laws that arose from customary practice and had become binding over time.


Ius Publicum and Ius Privatum

Ius publicum means public law and ius privatum means private law, where public law is to protect the interests of the Roman state while private law should protect individuals. In the Roman law ius privatum included personal, property, civil and criminal law; judicial proceeding was private process (iudicium privatum); and crimes were private (except the most severe ones that were prosecuted by the state). Public law will only include some areas of private law close to the end of the Roman state.


Ius publicum was also used to describe obligatory legal regulations (today called ius cogens - this term is applied in modern International Law to indicate peremptory norms that cannot be derogated from) These are regulations that cannot be changed or excluded by party agreement. Those regulations that can be changed are called today ius dispositivum, and they are used when party shares something and are not in opposition.


Ius Commune and Ius Singulare

Ius singulare (singular law) is special law for certain groups of people, things, or legal relations (because of which it is an exception from the general principles of the legal system), unlike general, ordinary, law (ius commune). An example of this is the law about wills written by people in the military during a campaign, which are exempt of the solemnities generally required for citizens when writing wills in normal circumstances.


Rights of the people (status)

To describe a person's position in the legal system, Romans mostly used the expression status. The individual could have been a Roman citizen (status civitatis) unlike foreigners, or he could have been free (status libertatis) unlike slaves, or he could have had a certain position in a Roman family (status familiae) either as the head of the family (pater familias), or some lower member. To describe a persons position in the legal system, Romans usually used the expression status. The individual could have been a Roman citizen (status civitatis) unlike foreigners, or he could have been free (status libertatis) unlike slaves, or he could have had a certain position in a Roman family...


Roman litigation

Main article: Roman litigation

Ancient Rome had no public prosecution service, like the Crown Prosecution Service, so individual citizens had to bring cases themselves, usually for little or no financial reward. However, politicians often brought these cases, as to do so was seen as a public service. Early on, this was done by means of a verbal summons, rather than a written indictment. However, later, cases could be initiated through a written method. After the case was initiated, a judge was appointed and the outcome of the case was decided. The system for Roman litigation passed through three stages over the years: until around 150 BC, the Legis Actiones system; from around 150 BC until around 342 AD, the formulary system; and from 342 AD onwards, the cognito procedure. ... The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. ... A politician is an individual involved in politics, sometimes this may include political scientists. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ...


During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person (iudex privatus). He had to be a Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum. They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list.


For cases of great public interest, there was a tribunal with five judges. First, the parties selected seven from a list, and from those seven the five were chosen randomly. They were called recuperatores.


No-one had a legal obligation to judge a case, which was understood to be a burden. However, there was a moral obligation to do so, what was known as "officium". The judge had great latitude in the way he conducted the litigation. He considered all the evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc).


Later on, with the bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate.


Afterlife of Roman law

Roman law in the East

When the centre of the empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation[3]. The influence is visible even in the law of persons or of the family, which is traditionally the part of the law that changes least. For example Constantine started putting restrictions on the ancient Roman concept of patria potestas, by acknowledging that persons in potestate could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law.[3] Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father.[3] In the Byzantine Empire, the codes of Justinian became the basis of legal practice. Leo III the Isaurian issued a new code, the Ecloga, in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest into Greek, which became known as the Basilica. Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in the courts of the Eastern Orthodox Church even after the fall of the Byzantine empire and the conquest by the Turks. The term Greek East is used to define the territories of the Greek-speaking, Hellenized, Eastern Roman Empire, as opposed to the Latin West. ... Constantine. ... Byzantine Empire at its greatest extent c. ... Leo the Isaurian and his son Constantine V. Leo III the Isaurian or the Syrian (Greek: Λέων Γ΄, Leōn III ), (c. ... (7th century — 8th century — 9th century — other centuries) Events The Iberian peninsula is taken by Arab and Berber Muslims, thus ending the Visigothic rule, and starting almost 8 centuries of Muslim presence there. ... As a means of recording the passage of time the 9th century was the century that lasted from 801 to 900. ... Basil, his son Constantine, and his second wife, emperess Eudoxia Ingerina. ... This follis by Leo VI bears the Byzantine Emperors official title, BASILEVS ROMEON, Emperor of the Romans; translation of text: Leo, by the grace of God, King of Romans Leo VI the Wise or the Philosopher (Greek: Λέων ΣΤ΄, Leōn VI, Armenian: [1]), (September 19, 866 – May 11, 912) was Byzantine... Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Luther Calvin · Wesley Arius · Marcion of Sinope Coptic Orthodox Pope · Roman Catholic Pope Archbishop of Canterbury · Patriarch of Constantinople Christianity Portal This box:      Faith...


Roman law in the West

In the west, Justinian's authority didn't go farther than certain portions of the Italian and Hispanic peninsulas. Law codes were edicted by the Germanic kings, however, the influence of earlier Eastern Roman codes on some of these is quite discernible. In many cases, ethnic Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Code and the Institutes themselves were known in Western Europe (though they had little influence on legal practice in the early Middle Ages), but the Digest was largely ignored for several centuries. Around 1070, a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines (glossa interlinearis), or in the form of marginal notes (glossa marginalis). From that time, scholars began to study the ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna. The law school there gradually developed into one of Europe’s first universities. Early Germanic laws of the early middle ages are known as leges barbarorum, we here deal with the principal examples other than Frankish, namely the (1) Leges Wisigothorum, (2) Lex Burgundionum, (3) Pactus Alamannorum and Lex Alamannorum, (4) Lex Bajuvariorum, (5) Lex Saxonum, (6) Lex Frisionum, (7) Lex Angliorum et... Events Hereward the Wake begins a Saxon revolt in the Fens of eastern England. ... Bologna (IPA , from Latin Bononia, BulÃ¥ggna in Emiliano-Romagnolo dialect) is the capital city of Emilia-Romagna in northern Italy, in the Pianura Padana, between the Po River and the Apennines, exactly between the Reno River and the Sàvena River. ...


The students, who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after the end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est (The sovereign is not bound by the laws).


There have been several reasons why Roman law was favored in the Middle Ages. It was because Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and because it prescribed the possibility that the legal subjects could dispose their property through testament.


By the middle of the 16th century, the rediscovered Roman law dominated the legal practice in most European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law, had emerged. This legal system, which was common to all of continental Europe (and Scotland) was known as Ius Commune. This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Topics in Christianity Movements · Denominations Ecumenism · Preaching · Prayer Music · Liturgy · Calendar Symbols · Art · Criticism Important figures Apostle Paul · Church Fathers Constantine · Athanasius · Augustine Anselm · Aquinas · Palamas · Wycliffe Tyndale · Luther · Calvin · Wesley Arius · Marcion of Sinope Pope · Patriarch of Constantinople Christianity Portal This box:      Canon law is the term used for... Feudal law describes a political system which placed men and estates under the hierarchical distinctions of lords and vassals. Feudalism refers to the relations and interdependence between lord and vassal, based on the fief, or ownership of land. ... Scots law is a unique legal system with an ancient basis in Roman law. ... Jus commune or ius commune is Latin for common law. ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ...


Only England did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by the time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge. Elements of Romano-canon law were present in England in the ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Combined arms of the four Inns of Court The Inns of Court, in London, are the professional associations to one of which every English barrister (and those judges who were formerly barristers) must belong. ... The University of Oxford (usually abbreviated as Oxon. ... The University of Cambridge (often Cambridge University), located in Cambridge, England, is the second-oldest university in the English-speaking world and has a reputation as one of the worlds most prestigious universities. ... An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ...


The practical application of Roman law and the era of the European Ius Commune came to an end, when national codifications were made. In 1804, the French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century Roman law, in Germany, had been heavily influenced by domestic (common) law, and it was called usus modernus Pandectarum. In some parts of Germany, Roman law continued to be applied until the German civil code (Bürgerliches Gesetzbuch,BGB) came into force in 1900. 1804 was a leap year starting on Sunday (see link for calendar). ... First page of the 1804 original edition The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) was the French civil code, established at the behest of Napoléon I. It was drafted rapidly by a commission of four eminent jurists and entered into force... Publication in the Reich Law Gazette on August 24, 1896 The Bürgerliches Gesetzbuch (or BGB) is the civil code of Germany. ... Äž: For the film, see: 1900 (film). ...


Roman law today

Today, Roman law is no longer applied in legal practice, even though the legal systems of some states like South Africa and San Marino are still based on the old Ius Commune. However, even where the legal practice is based on a code, many rules deriving from Roman law apply: No code completely broke with the Roman tradition. Rather, the provisions of Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions.


As steps towards a unification of the private law in the member states of the European Union are being taken, the old Ius Commune, which was the common basis of legal practice everywhere, but allowed for many local variants, is seen by many as a model.


References

  1. ^ In Germany, Art. 311 BGB
  2. ^ a b c d e f g "A Short History of Roman Law", Olga Tellegen-Couperus p. 19-20
  3. ^ a b c "A Short History of Roman Law" By Olga Tellegen-Couperus, Tellegen-Couper

Further reading

  • Fritz Schulz, History of Roman Legal Science. Clarendon Press. 1953.
  • Peter Stein, Roman Law in European History. Cambridge University Press, 1999 (ISBN 0-521-64372-4).
  • Andrew Borkowski and Paul Du Plessis, Textbook on Roman law. Oxford University Press, 3rd Ed. (ISBN 0-19-927607-2).
  • Barry Nicholas, An Introduction to Roman Law. Clarendon Press, 1962 (ISBN 0-19-876063-9).
  • Jill Harries, "Law and Empire in Late Antiquity" Cambridge, 1999 (ISBN 0-521-41087-8).

Fritz Schulz (born June 16, 1879 in BolesÅ‚awiec, Poland, then called Bunzlau, died November 12, 1957, Oxford) was a German jurist and legal historian. ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Not to be confused with torte, an iced cake. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links This is a lossless scalable vector image. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... For other uses, see Law (disambiguation). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

See also

Auctoritas is the Latin origin of English authority. According to Benveniste [citation?], auctor (which also gives us English author) is derived from Latin augeó (to augment): The auctor is is qui auget, the one who augments the act or the juridical situation of another. ... A silver coin of the Seleucid king Antiochus I Soter. ... For other uses, see Monarch (disambiguation). ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... The Corpus Juris Civilis (Body of Civil Law) is a fundamental work in jurisprudence issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ... Homo sacer (Latin for the sacred man) is an obscure figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual. ... Justitium - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ... Imperium can, in a broad sense, be translated as power. ... For other uses, see Archon (disambiguation). ... A magistrate is a judicial officer. ... An interregnum is a period between monarchs, between popes of the Roman Catholic Church, emperors of Holy Roman Empire, polish kings (elective monarchy) or between consuls of the Roman Republic. ... For other uses, see Law (disambiguation). ... Ordinary Magistrates Extraordinary Magistrates Titles and Honors Emperor Politics and Law The Law of the Twelve Tables (Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient legislation that stood at the foundation of Roman law. ... This is an attempted alphabetical List of Roman laws. ... The Roman Senate (Latin: Senatus) was the main governing council of both the Roman Republic, which started in 509 BC, and the Roman Empire. ...

External links


  Results from FactBites:
 
Roman law - definition of Roman law in Encyclopedia (619 words)
Roman law is the legal system of both the Roman Republic and the Roman Empire, from its earliest days to the time of the Eastern Roman Empire, even to the time of the Emperor Justinian I after the fall of Rome itself.
In the Common law the influence of Roman law was less important.
Roman law also developed the concepts of one law for the citizens and another law for foreigners – the beginnings of private international law.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m