The History Of Roman Law
The definition of law by Roman law is that law is the art of goodness and equity ( jus eat ars boni et aqua). It was developed by the Romanians and the law was formed to other nations in Europe. Roman law is the basics of the modern legal culture. The civil system has been developed. Roman identity based on three pillars namely, Christianity, Aristotelian philosophy and Roman law. Roman law indicates to the legal system of Rome. the Roman law was applied under the Byzantine Empire until 1453. West Europe also has been applied Roman Law. Soon later Roman Law has influenced the legal system in America, Africa, and Asia.
In the early development of Roman Law there are concepts that are called jus civil and jus gentium. The concept of jus civil talks about the civil law that has been applied during the Roman Republic and Empire between 753-31 BC. The specialty of jus civil is it only applies to Roman citizen only. The next concept is jus gentium, jus gentium applied to the Romanians and foreigners.
There are Roman Code that is called jus scriptum and jus non scriptum. Jus Scriptum is written law and Jus Non-Scriptum is unwritten law. The laws include lees or portrayal on the general congregation of the Roman people. This are the source of law during the Republic.
In 31BC, the roman empire gathered for the wishes of the Emperors by way of forma rectification of Roman law. Hence, the most famous was the creation of Twelve Tables which is written code of Roman Law. The twelve tables mainly focus on family law, delict, and legal procedure. Modern law including English law can be trace back on the Twelve Tables. In written laws there also many types of it such as the edicts, resolutions (senates consulta), constitutions principum( legislative power of the Emperor) and the response pruentium( answers to legal questions). Let’s hope in jus non scriptum, jus non scriptum which is called unwritten law that consist of customisation.
The history of Roman Law 2 talks about the ancient time between the 8th century BC and the 5th or 6th century BC. The first 250 years of the modern era of Rome is where the law and legal science reached the degree of perfection. The classical period of Roman Law has been referred to by the law of the modern era. So, in here the jurist played in different functions. The jurist will give the legal opinion at the request of private parties. As a jurist, they have rights to advise the migrates who were authorize with the administration of justice, the most important in this part is the praetors. The jurist also composed all kinds of legal commentaries and treatises. In the general area of AD 130, the jurist Salvius lulainus drafted a standard form of the praetor’s edict, which allow all the praetors from the time onward.
Rome’s most important input to European legal culture was not the portrayal of well-drafted statutes, but the development of a class of professional jurists and legal science. The origins of Roman legal science are applied to Gnaeus Flavius. Despite, Roman jurist separated the legal right to use one ownership from the precise ability to use and manipulate the possession. They also found the contrast between contract and tort. So, the standard type of contracts like sales, contract for work, and contract for service are managed in most continental codes and the aspect these contracts were developed by Roman jurisprudence. Because of contract, private law also has been developed to protect individuals. In Roman law ius privatum that is about the personal, property, civil and criminal law are counted. Judicial proceedings were private, and crimes also was private.
In post-classical Roman law, the general political and economic situation has run down as the emperors assumed more explicit control of all aspects of political life and the conditions for the prospering of a refined legal culture had become less favourable. The reality of legal science and of jurists who observe law as a science, not as an instrument to achieve political goals set by the complete monarch. Few jurists after the mid 3rd century was recognized by their name. Although legal science and legal education carry through some extent in the eastern part of the Empire, most subtleties of classical law came to be forgot and finally forgotten in the west.
In Roman Law, a person’s legal status has been described as a status. The man can be a Romanian (status civiation), different than foreigners. He could be independent (status libertati), who can be different from slaves. He also can own a few positions in a Roman Family (status familiae) or else as a leader in the family (pater familias) or as a lower member (filii familias). Status familiae is an individual’s family legal status. The pater familias had the authority in the family (patria potestas), and all of them were subjected to him based on adgnatio. Because of this it impacted heavily in private law. There’s a differentiation between alieni iuris ( person under the patria potestss) and sui iuris (person autonomous of patria potestas).
In Roman litigation, there is three systems of procedure which are legis actiones, the formulary system and cognition extra ordinem. The judge had a great scope in the way he govern the litigation. He carefully thought about all the evidence and managed in a way that seemed just. At the end of the litigation, he could refuse to give a judgment if things were not clear to him. The magistrate had responsibilities to judge and to issue a decision and the decision could be appealed to higher magistrate.
