The German legal theorist Rudolf von Jhering noted that ancient Rome conquered the world three times: the first by its armies, the second by its religion, the third by its laws. He could have added: each time in more depth. The first 250 years of the present era are the period during which Roman law and jurisprudence reached their greatest sophistication. The law of this period is often referred to as the classical period of Roman law. The literary and practical achievements of the jurists of this period gave Roman law its unique form. The history of Roman law can be divided into three procedural systems: that of legis actiones, the system of form and cognitio extra ordinem. The periods in which these systems were used overlapped and had no definitive breaks, but it may be noted that the legis actio system has prevailed since the time of the twelfth tables (c. 450 BC) until the end of the 2nd century BC, that the formula procedure was mainly used from the last century of the Republic to the end of the Classic period (about 200 AD) and that of cognitio extra ordinem in the Post-Classic period. Became. Again, this data is designed as a tool to understand the types of procedures used, not as a rigid boundary where one system ended and another began. [7] When the center of the empire was moved to the Greek East in the 4th century, many legal terms of Greek origin appeared in official Roman legislation.
[8] Influence is also visible in personal or family law, which is traditionally the part of the law that changes the least. For example, Constantine began to limit the ancient Roman concept of patria potestas, the power of the male head of the family over his descendants, by recognizing that the people in the potestate, the descendants, could have property rights. He apparently made concessions to the much stricter concept of paternal authority under Greek Hellenistic law. [8] The Codex Theodosianus (438 AD) was a codification of constant laws. Later, the emperors went even further until Justinian finally decreed that a child of Potestate would become the owner of everything he had acquired, unless he had acquired something from his father. [8] Roman law is the legal system of ancient Rome, including legal developments spanning a thousand years of jurisprudence, from the Twelve Tablets (c. 449 BC) to the Corpus Juris Civilis (529 AD) ordered by the Eastern Roman Emperor Justinian I. and the terms are sometimes used interchangeably. The historical importance of Roman law is reflected in the continued use of Latin legal terminology in many of the legal systems it influenced, including the common law. No one is legally obliged to judge a case. The judge had a great deal of leeway in the way he conducted the litigation.
He looked at all the evidence and decided in the way that seemed right. Since the judge was neither a lawyer nor a legal engineer, he often consulted a lawyer about the technical aspects of the case, but he was not bound by the lawyer`s response. At the end of the dispute, if things were not clear to him, he could refuse to make a judgment by swearing that it was not clear. In addition, there was a maximum time limit for a judgement, which depended on certain technical issues (nature of the request, etc.). The book will be of interest to scholars and academics in the fields of classical, ancient, legal history, and contemporary jurisprudence. Another important law of the Republican era is the Lex Aquilia of 286 BC. J.-C., which can be considered the root of modern tort law. Rome`s most important contribution to European legal culture, however, was not the enactment of well-drafted laws, but the emergence of a class of professional jurists (prudent, sing. prudens or jurisprudent) and jurisprudence.
This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject that the Greeks themselves never treated as a science. Roman law also referred to the legal system that applied in most parts of Western Europe until the end of the 18th century. In Germany, Roman legal practice remained longer under the Holy Roman Empire (963-1806). Roman law thus served as the basis for legal practice throughout Western continental Europe, as well as in most of the former colonies of these European nations, including Latin America, as well as in Ethiopia. English and Anglo-American common law was also influenced by Roman law, particularly in their Latin legal glossary (e.g., stare decisis, culpa in contrahendo, pacta sunt servanda). [1] Eastern Europe was also influenced by the jurisprudence of the Corpus Juris Civilis, especially in countries like medieval Romania (Wallachia, Moldavia and some other medieval provinces/historical regions), which created a new system, a mixture of Roman and local law. Eastern European law was also influenced by the “peasant law” of the medieval Byzantine legal system. Connected. Condition: Very good. Dust jacket condition: Very good. Later printing.
An overview of Roman legal ideas for students of ancient history and legal history, “neither intended as a pedagogical manual nor as a reference book, but as a book to read”. Reprint, corrected, with small additions. Hardcover, blue fabric, gold-plated title; in jacket, as in the photo. Light clothing to reserve; jacket cut slightly tanned with small notches, folds and chips, tiny crack; Publisher`s price sticker on the flap. own text; XVI, 358 pages + colophon; Index, Addendum, Notes. Size: Octavo. There are several reasons why Roman law was preferred in the Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and provided for the possibility for legal subjects to dispose of their property by will. The first text of the law is the Law of the Twelve Tablets of the mid-fifth century BC.
The plebeian tribune, C. Terentilius Arsa, proposed writing the law to prevent judges from arbitrarily applying the law. [4] After eight years of political struggle, the plebeian social class convinced the patricians to send a delegation to Athens to copy Solon`s laws; For a similar reason, they also sent delegations to other Greek cities. [4] In 451 BC. According to traditional history (as Livy relates), ten Roman citizens were chosen to register the laws known as decemviri legibus scribundis. While performing this task, they were given supreme political power (imperium), while the power of magistrates was limited. [4] In 450 BC. The decemviri produced the laws on ten tablets (tabulae), but these laws were considered unsatisfactory by the plebeians. A second decemvirate is said to have added two more tablets in 449 BC.