Roman law is the legal system of ancient Rome. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Greek as its official language in the 7th century. Greek (el ελληνική γλώσσα or simply el ελληνικά — "Hellenic" is an Indo-European language, spoken today by 15-22 million people mainly As such the development of Roman law covers more than one thousand years from the law of the Twelve Tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around 530). The Law of the Twelve Tables ( Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient Legislation that stood at the foundation Events By place Greece The Greek city-states make peace with the Persian Empire through the Peace of Callias, named The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Flavius Petrus Sabbatius Iustinianus ( Greek: Φλάβιος Πέτρος Σαββάτιος Ιουστινιανός; known in English as Justinian I or For the California area code see Area code 530 Events By Place Byzantine Empire Battle of Daras: Roman law, as preserved in Justinian's codes, became the basis of legal practice in the Byzantine Empire and—later—in continental Europe as well as in Ethiopia. NOTE This intro is the result of careful NPOV work Please do not make potentially controversial edits to it without first discussing on the talk page

Roman law in a broader sense refers not only to the legal system of ancient Rome, but also to the law that was applied throughout most of Western Europe until the end of the 18th century. In some countries like Germany the practical application of Roman law lasted even longer. Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. 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. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive 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. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions Pacta sunt servanda ( Latin for "agreements must be kept" is a Brocard, a basic principle of civil law and of International law Interestingly the Eastern European countries, though heavily influenced by the Byzantine Empire from which the Corpus Juris Civilis came, were not significantly influenced by the Corpus. They were, however, influenced to some degree by the Roman Farmer's Law. Byzantine Law was essentially a continuation of Roman Law with Christian influence however this is not to doubt its later influence on the western practice

Contents 1 Roman legal development 1.1 The Twelve Tables 1.2 Early law and jurisprudence 1.3 Pre-classical period 1.4 Classical Roman law 1.5 Post-classical law 2 Roman law substance 2.1 Concepts 2.2 Public law 2.3 Private law 2.4 Roman status 2.5 Roman litigation 3 Afterlife of Roman law 3.1 Roman law in the East 3.2 Roman law in the West 3.3 Roman law today 4 See also 5 References 6 Further reading 7 External links

Roman legal development

Ancient Rome
This article is part of the series: Politics and government of Ancient Rome
Periods
Roman Kingdom 753 BC – 509 BC Roman Republic 509 BC – 27 BC Roman Empire 27 BC – AD 476 Principate Western Empire Dominate Eastern Empire
Roman Constitution
Constitution of the Kingdom Constitution of the Republic Constitution of the Empire Constitution of the Late Empire History of the Constitution Senate Legislative Assemblies Executive Magistrates
Ordinary Magistrates
Consul Praetor Quaestor Promagistrate Aedile Tribune Censor Governor
Extraordinary Magistrates
Dictator Magister Equitum Consular tribune Rex Triumviri Decemviri
Titles and Honours
Emperor Legatus Dux Officium Praefectus Vicarius Vigintisexviri Lictor Magister Militum Imperator Princeps senatus Pontifex Maximus Augustus Caesar Tetrarch
Precedent and Law
Roman Law Imperium Mos maiorum Collegiality Roman citizenship Auctoritas Cursus honorum
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Before the Twelve Tables (754–201 BC), private law consisted of the old Roman civil law (ius civile Quiritium), which applied only to Roman citizens. Ancient Rome was a Civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC The Roman Kingdom ( Latin: Regnum Romanum) was the monarchical Government of the city of Rome Events and trends 756 BC — Founding of Cyzicus. 755 BC — Ashur-nirari V succeeds Ashur-Dan III as king of Assyria The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the Year 27 BC was a Common year starting on Sunday (link will display the full calendar of the Julian calendar. The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial Year 27 BC was a Common year starting on Sunday (link will display the full calendar of the Julian calendar. Events By place Western Roman Empire September 4 — Romulus Augustus, the last Emperor of the Western Roman Empire The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, The Western Roman Empire refers to the western half of the Roman Empire, from its division by Diocletian in 285 the other half of the Roman Empire was the Eastern The Dominate was the ' despotic ' latter phase of government in the ancient Roman Empire between its establishment in 27 BC and the formal date of the collapse The Roman Constitution or Mos maiorum (Latin for "custom of the ancestors" was an unwritten set of guidelines and principles passed down mainly The Constitution of the Roman Kingdom or Mos maiorum (Latin for "customs of the ancestors" was an unwritten set of guidelines and principles The Constitution of the Roman Republic or Mos maiorum (Latin for "customs of the ancestors" was an unwritten set of guidelines and principles The Constitution of the Roman Empire or Mos maiorum (Latin for "customs of the ancestors" was an unwritten set of guidelines and principles passed The Constitution of the Late Roman Empire or Mos maiorum (Latin for "customs of the ancestors" was an unwritten set of guidelines and principles The History of the Roman Constitution is a study of Ancient Rome that traces the progression of Roman political development from the founding of the city of Rome The Roman Senate was a political institution in Ancient Rome. The Roman Assemblies were institutions in Ancient Rome. They functioned as the machinery of the Roman legislative branch and thus (theoretically at least passed all legislation The Roman Magistrates were elected officials in Ancient Rome. Consul (abbrev cos; Latin plural consules) was the highest elected Political office of the Roman Republic and the Empire. 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 Quaestors were originally appointed by the Consuls to investigate criminal acts and determine if the consul needed to take public action A promagistrate is a person who acts in and with the authority and capacity of a magistrate, but without holding a magisterial office Aedile ( Aedilis, from aedes aedis "temple" "building" was an office of the Roman Republic. Tribune (from the Latin: tribunus; Byzantine Greek form τριβούνος) was a title shared by 2–3 elected magistracies in the A Censor was a magistrate of high rank in the ancient Roman Republic. A Roman governor was an official either elected or appointed to be the chief administrator of Roman law throughout one or more of the many provinces constituting the Dictator was a Political office of the Roman Republic. The dictator was above the three branches of government in the Constitution of the Roman Republic The Master of the Horse was (and in some cases is a historical position of varying importance in several European nations The Tribuni militum consulari potestate, or Consular Tribunes were Tribunes elected with Consular power during the Conflict of the Orders The King of Rome ( Latin: rex regis) was the Chief magistrate of the Roman Kingdom. The term triumvirate (from Latin, "of three men" is commonly used to describe a political regime dominated by three powerful individuals Decemviri (singular decemvir) is a Latin term meaning "Ten Men" which designates any such commission in the Roman Republic (cf The Roman Emperor was the ruler of the Roman State during the imperial period (starting at about 27 BC A legatus (often anglicized as legate) was a general in the Roman army, equivalent to a modern general officer Dux (plural duces) is Latin for leader (from the verb ducere, 'to lead' and could refer to anyone who commanded troops such Officium (plural officia) is a Latin word with various meanings in Ancient Rome, including "service" "(sense of duty" "courtesy" Prefect (from the Latin praefectus, perfect participle of praeficere: "make in front" i Vicarius is a Latin word meaning substitute or deputy. It is the root and origin of the English word " Vicar " and Cognate to the Persian The Vigintisexviri (sing vigintisexvir) was a college ( collegium) of minor magistrates ( magistratus minores) in the Roman Republic The lictor, derived from the Latin ligare (to bind was a member of a special class of Roman civil servant with special tasks of attending and guarding Magister militum ( Latin for "Master of the Soldiers" was a top-level military command used in the later Roman Empire, dating from the reign of The Latin word Imperator was a title originally roughly equivalent to commander during the period of the Roman Republic. The princeps senatus (plural principes senatus) was the first member by precedence of the Roman Senate. The Pontifex Maximus was the high priest of the Ancient Roman College of Pontiffs. Augustus (plural augusti) Latin for "majestic" "the increaser" or "venerable" was an Ancient Roman Caesar (plural Caesars Latin: Caesar (plural Caesares is a Title of imperial character Tetrarchy ( Greek: "leadership of four " can be applied to any system of government where power is divided between four individuals Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting Imperium in a broad sense translates as power. In Ancient Rome the concept applied to People, and meant something like "power The mos maiorum (lit ways of the ancestors) were the ancestral Traditions an unwritten code of Laws and conduct of the Collegiality is the relationship between colleagues Definition of collegiality Colleagues are those explicitly united in a common Purpose and respecting Citizenship in the time of Ancient Rome was a privileged status afforded to certain individuals with respect to laws property and governance Auctoritas is a Latin word and is the origin of English " Authority " The cursus honorum ( Latin: "course of honors" or "honors race" was the sequential order of Public offices held by aspiring Information on politics by country is available for every Country, including both De jure and De facto independent The Law of the Twelve Tables ( Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient Legislation that stood at the foundation 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. Mancipatio (f Latin manus "hand" and capere "to take hold of" in Roman law, was a verbal contract by which the ownership of certain The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law and without any fixed rights: all things were ruled despotically by kings". Sextus Pomponius was a Jurist who lived during the reigns of Hadrian, Antoninus Pius and Marcus Aurelius. ^[2]

It has been suggested 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. ^[3]

The Twelve Tables

Main article: Twelve Tables

It is impossible to know exactly when the Roman legal system began. The Law of the Twelve Tables ( Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient Legislation that stood at the foundation The first legal text, the content of which is known to us in some detail, is the law of the twelve tables, which date from the middle of the 5th century BC. The Law of the Twelve Tables ( Lex Duodecim Tabularum, more informally simply Duodecim Tabulae) was the ancient Legislation that stood at the foundation According to Roman historians, the plebeian tribune C. Terentilius Arsa proposed that the law should be written down in order to prevent magistrates from applying the law in an arbitrary fashion. ^[4] After eight years of struggle the plebeians convinced the patricians to send a delegation to Athens to copy out the Laws of Solon. Athens (ˈæθənz Αθήνα Athina,) the Capital and largest city of Greece, dominates the Attica periphery as one of the world's The Solonian Constitution was created by Solon in the early 6th century BC. In addition, they sent delegations to other cities in Greece in order to learn about their legislation. Greece (Ελλάδα transliterated: Elláda, historically, Ellás,) officially the Hellenic Republic (Ελληνική Δημοκρατία ^[4]. 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^[4]. 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. ^[4]

Modern scholarship tends to challenge the accuracy of Roman historians. They generally do not believe 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 assumed the leading functions in Rome^[4]. Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Roman historians believed. Instead, those scholars suggest, The Romans acquired Greek legislations from the Greek cities of Magna Graecia, the main portal between the Roman and Greek worlds. ^[4]. The original text of the XII Tablets has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Celts in 387 BC. Celts (ˈkɛlts or /ˈsɛlts/, see Names of the Celts ^[4]

The fragments which did survive show that it was not a law code in the modern sense. It did not provide a complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contain a specific provisions designed to change the then-existing customary law. In Law, custom can be described as the established patterns of behavior that can be objectively verified within a particular social setting Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure. Private law (Civil law is that part of a Legal system that involves relationships between individuals 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

Early law and jurisprudence

Main articles: Lex Canuleia, Lex Hortensia, and Lex Aquilia

Other laws include Lex Canuleia (445 BC; which allowed the marriage—ius connubii—between patricians and plebeians), Leges Licinae Sextiae (367 BC; which 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). The Lex Canuleia is a law of the Roman Republic passed in the year 445 BC. In Roman law, Lex Hortensia ( 287 BCE) was the final result of the long class struggle between Patricians and Plebeians where the plebeians The lex Aquilia was a Roman Law which provided compensation to the owners of property injured by someone's fault The Lex Canuleia is a law of the Roman Republic passed in the year 445 BC. The term " patrician " originally referred to a group of elite families in Ancient Rome, including both their natural and Plebs were the general body of landowners of Roman Citizens in Ancient Rome. Lex Licinia Sextia was a Roman law passed in 367 BCE and took effect in 366 BCE Lex Ogulnia ( 300 BC) is one of the results of the long class struggle between Patricians and Plebeians This law was named after Tribune Quintus In Roman law, Lex Hortensia ( 287 BCE) was the final result of the long class struggle between Patricians and Plebeians where the 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. The lex Aquilia was a Roman Law which provided compensation to the owners of property injured by someone's fault Events By place Greece As Demetrius Poliorcetes and his army are chased across Asia Minor to the Taurus Mountains Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties 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 (prudentes, sing. JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, written by founder Professor Bernard Hibbitts and a staff of more than prudens, or jurisprudentes) 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. Ancient Greek philosophy focused on the role of Reason and Inquiry.

Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius. Gnaeus Flavius, secretary of Appius, was the first person to publish an account of legal procedures ("actions in law" or legis actiones) something that had 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. Events By place Egypt Pyrrhus, the King of Epirus, is taken as a hostage to Egypt after the Battle of Ipsus 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. The 2nd century BC started the first day of 200 BC and ended the last day of 101 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. Quintus Mucius Scaevola Pontifex (died 82 BCE the son of Publius Mucius Scaevola (consul in 133 BC and also Pontifex Maximus) was a politician of the Roman Servius Sulpicius Rufus (ca 106 BC-43 BC surnamed Lemonia from the tribe to which he belonged Roman orator and Jurist. Marcus Tullius Cicero ( Classical Latin ˈkikeroː usually ˈsɪsərəʊ in English January 3, 106 BC &ndash December 7, 43 BC was a Roman 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. The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, Year 27 BC was a Common year starting on Sunday (link will display the full calendar of the Julian calendar.

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). 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 With this new law the old formalism is being abandoned and new more flexible principles of ius gentium are used.

The adaptation of law to new needs was given over to juridical practice, to magistrates, and especially to the praetors. The Roman Magistrates were elected officials in Ancient Rome. 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 A praetor was not a legislator and did not technically create new law when he issued his edicts (magistratuum edicta). 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 In fact, 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).

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 in 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 were fused in the Corpus Juris Civilis. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529

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. An edict is an announcement of a Law, often associated with monarchism. Some jurists also held high judicial and administrative offices themselves.

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. Julius Paulus Prudentissimus ( Greek: ο Ιούλιος Παύλος, flourished 2nd century and 3rd century) was one of the most influential and Domitius Ulpianus (died 228 anglicized as Ulpian, 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). Gaius ( Floruit AD 130–180 was a celebrated Roman Jurist. Scholars know very little of his personal life 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 or the German BGB. Sir William Blackstone (originally pronounced Blexstun ( 10 July 1723 &ndash 14 February 1780) was an English Jurist and This article is about the country For a topic outline on this subject see List of basic France topics. The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany.

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 3rd century is the period from 201 to 300 in accordance with the Julian calendar in the Christian / Common Era. 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 Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, The Dominate was the ' despotic ' latter phase of government in the ancient Roman Empire between its establishment in 27 BC and the formal date of the collapse 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.

Roman law substance

Concepts

• 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, the individuals who had jurisdiction over cases involving citizens. Ius civile is Latin for "citizen law" (originally ius civile Quiritium) Ius gentium is Latin for "law of peoples" It was the body of common laws that applied to foreigners and their dealings with Roman citizens Ius naturale is Latin for " Natural law " the laws common to all beings 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 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 were the individuals who had jurisdiction over cases involving citizens and foreigners. 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 Ius naturale was a concept the jurists developed to explain why all people seemed to obey some laws. Their answer was that a "natural law" instilled in all beings a common sense. Natural law or the law of nature ( Latin: lex naturalis) is a theory that posits the existence of a law whose content is set by Nature and that

• ius scriptum and ius non scriptum - the terms ius scriptum and ius non scriptum literally mean written and unwritten law, respectively. Ius scriptum is Latin for "written law" Ius scriptum was the body of statute laws made by the legislature Ius non scriptum is Latin for "unwritten law" It contrasts with the Ius scriptum ("written law" by way of their sources 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 Council). The Plebeian Council ( Latin: concilium plebis) was the principal popular assembly of the ancient Roman Republic. Roman lawyers would also include in the ius scriptum the edicts of magistrates (magistratuum edicta), the advice of the Senate (Senatus consulta), the responses and thoughts of jurists (responsa prudentium), and the proclamations and beliefs of the emperor (principum placita). Ius non scriptum was the body of common laws that arose from customary practice and had become binding over time.

• 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). Jus commune or ius commune is Latin for "common law" It is often used by civil law Jurists to refer to those Ius singulare is Latin for "singular law" It was special law for certain groups of people things or legal relations (because of which it is an exception 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.

• 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. Ius publicum is Latin for Public law. It is to protect the interests of the Roman state (while Ius privatum ( Private law Ius privatum is Latin for Private law. Contasted with Ius publicum (the laws relating to the state ius privatum regulated the 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.

Public law

Main articles: Ius publicum, Constitution of the Roman Republic, and Res publica

The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Ius publicum is Latin for Public law. It is to protect the interests of the Roman state (while Ius privatum ( Private law The Constitution of the Roman Republic or Mos maiorum (Latin for "customs of the ancestors" was an unwritten set of guidelines and principles This article is about the Latin phrase For the historical state see Roman Republic; for the dialogue by Cicero see De re publica; for the former Estonian Marcus Tullius Cicero ( Classical Latin ˈkikeroː usually ˈsɪsərəʊ in English January 3, 106 BC &ndash December 7, 43 BC was a Roman Lucius Sergius Catilina (108 BC–62 BC known in English as Catiline, was a Roman Politician of the 1st century BC who is best known for the The Roman Senate was a political institution in Ancient Rome. The mos maiorum (lit ways of the ancestors) were the ancestral Traditions an unwritten code of Laws and conduct of the Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances, the separation of powers, vetoes, filibusters, quorum requirements, term limits, impeachments, the powers of the purse, and regularly scheduled elections. Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance A veto, Latin for "I forbid" is used to Denote that a certain party has the right to stop unilaterally a certain piece of Legislation. A filibuster, or "talking out a bill", is a form of obstruction in a Legislature or other decision-making body In Law, a quorum is the minimum number of members of a Deliberative body necessary to conduct the business of that group See also Rotation in office A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official The power of the purse is the ability of one group to Manipulate and control the actions of another group by withholding Funding, or putting stipulations on the use An election is a Decision-making process by which a population chooses an individual to hold formal office Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States, originate from ideas found in the Roman constitution. An electoral college is a set of many electors who are empowered to elect a candidate to a particular Office. The United States of America —commonly referred to as the

The constitution of the Roman Republic was not formal or even official. The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the Its constitution was largely unwritten, and was constantly evolving throughout the life of the republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. The 1st century BC started the first day of 100 BC and ended the last day of 1 BC. Even Roman constitutionalists, such as the senator Cicero, lost a willingness to remain faithful to it towards the end of the republic. The Roman Senate was a political institution in Ancient Rome. Marcus Tullius Cicero ( Classical Latin ˈkikeroː usually ˈsɪsərəʊ in English January 3, 106 BC &ndash December 7, 43 BC was a Roman When the Roman Republic ultimately fell in the years following the Battle of Actium and Mark Antony's suicide, what was left of the Roman constitution died along with the republic. The Roman Republic was the phase of the ancient Roman civilization characterized by a Republican form of government a period which began with the overthrow of the Augustus ( Latin: IMPERATOR·CAESAR·DIVI·FILIVS·AVGVSTVS September 23 63 BC – August 19 AD 14) born Gaius Octavius Thurinus, was The Battle of Actium was the decisive engagement in the Final War of the Roman Republic between the forces of Octavian and the combined forces of Mark Antony Marcus Antonius (in Latin: M·ANTONIVS·M·F·M·N ( c January 14 83 BC&ndash August 1, 30 BC known in English as Mark The first Roman Emperor, Augustus, attempted to manufacture the appearance of a constitution that still governed the empire. The Roman Emperor was the ruler of the Roman State during the imperial period (starting at about 27 BC Augustus ( Latin: IMPERATOR·CAESAR·DIVI·FILIVS·AVGVSTVS September 23 63 BC – August 19 AD 14) born Gaius Octavius Thurinus, was The belief in a surviving constitution lasted well into the life of the Roman Empire. The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial

Private law

Main articles: Ius privatum, Stipulatio, and Rei vindicatio

Stipulatio was the basic form of contract in Roman law. Ius privatum is Latin for Private law. Contasted with Ius publicum (the laws relating to the state ius privatum regulated the Stipulatio was the basic form of Contract in Roman law. It was made in the format of question and answer Rei vindicatio is a legal action by which the Plaintiff demands that the Defendant return a thing that belongs to the plaintiff A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below.

Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) in order to punish the defendant. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff If the thing could not be recovered, the plaintiff could claim damages from the defendant with the aid of the condictio furtiva (a personal action). A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff Rei vindicatio was derived from the ius civile, therefore was only available to Roman citizens. Roman law is the legal system of Ancient Rome. As used in the West the term commonly refers to legal developments prior to the Roman/Byzantine state's adopting

Roman status

Main article: Status in Roman legal system

To describe a person's position in the legal system, Romans mostly used the expression status. Romans usually used the expression 'status' to describe a person's position in the legal system. 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.

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. The system of 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 The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions However, politicians often brought these cases, as to do so was seen as a public service. A politician (from Greek " Polis " is an individual who is involved in influencing public decision making through the influence of Politics or a person Early on, this was done by means of a verbal summons, rather than a written indictment. In the Common law legal system an indictment (ɪnˈdaɪtmənt (in-DITE-mint is a formal accusation of having committed a criminal offense 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.

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

Main articles: Corpus Juris Civilis and Byzantine law

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^[5]. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Byzantine Law was essentially a continuation of Roman Law with Christian influence however this is not to doubt its later influence on the western practice Art History Mosaics of the 4th century BC are found in the Macedonian palace-city of Aegae, and they enriched the floors of Hellenistic The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 The Greek East is a phrase used to define the territories of the Greek -speaking Orthodox peoples of the Eastern Mediterranean Sea, centered around the 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. Flavius Valerius Aurelius Constantinus (27 February ca. 272 &ndash 22 May 337 commonly known as Constantine I, Constantine the Great, or Saint Constantine He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. ^[5] The Codex Theodosianus (438 AD) was a codification of Constantian laws. The Codex Theodosianus ( Book of Theodosius) was a compilation of the laws of the Roman Empire under the Christian emperors since 312 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. ^[5]

The codes of Justinian, particularly the Corpus juris civilis (529-534 AD) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. The Corpus Juris Civilis ("Body of Civil Law" is the modern name for a collection of fundamental works in Jurisprudence, issued from 529 Leo III the Isaurian issued a new code, the Ecloga, in the early 8th century. Leo III the Isaurian ' or the Syrian ' ( Greek: Λέων Γ΄ Leōn III) (c The 8th century is the period from 701 to 800 in accordance with the Julian calendar in the Christian / Common Era. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica. The 9th century is the period from 801 to 900 in accordance with the Julian calendar in the Christian / Common Era. For the Russian ruler see Basil I of Russia Basil I, called the Macedonian ( Greek: Βασίλειος Α΄ο Μακεδών This article is about the Byzantine Emperor There is also an article on Pope Leo VI Leo VI "the Wise" or "the Philosopher" The Basilika ( Greek:) is the name which is used to indicate a code of law issued by the Byzantine emperor Leo VI the Wise. 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, and also formed the basis for much of the Fetha Negest, which remained in force in Ethiopia until 1931. The Eastern Orthodox Church is the second largest single Christian Communion in the world The Fetha Negest ( Ge'ez: ፍትሐ ነገሥት fitḥa nagaśt, "Law of the Kings" is a Legal code compiled around 1240 by the Coptic

Roman law in the West

Main articles: Early Germanic law and Anglo-Saxon law

In the west, Justinian's authority went no farther than certain portions of the Italian and Hispanic peninsulas. Several Latin Law codes of the Germanic peoples written in the Early Middle Ages (also known as leges barbarorum While there is virtually no evidence of Anglo-Saxon Law per se (i Law codes were edicted by the Germanic kings, however, the influence of earlier Eastern Roman codes on some of these is quite discernible. Several Latin Law codes of the Germanic peoples written in the Early Middle Ages (also known as leges barbarorum 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. Bologna (boloɲa from Latin Bononia, Bulåggna in Bolognese dialect is the capital city of Emilia-Romagna in northern Italy The law school there gradually developed into one of Europe’s first universities.

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", a phrase initially coined by Ulpian, a Roman jurist). Domitius Ulpianus (died 228 anglicized as Ulpian, was a Roman Jurist of Tyrian ancestry

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. Canon law is internal ecclesiastical law governing the Roman Catholic Church, the Eastern Orthodox churches and the Anglican Communion of churches Feudalism, a term first used in the early modern period (17th century in its most classic sense refers to a Medieval Europe Political system composed This legal system, which was common to all of continental Europe (and Scotland) was known as Ius Commune. Scots law is a unique legal system with an ancient basis in Roman law. Jus commune or ius commune is Latin for "common law" It is often used by civil law Jurists to refer to those This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Civil law or Romano-Germanic law or Continental 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. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The Inns of Court in London are the professional associations to one of which every barrister in England and Wales (and those judges who were formerly barristers The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the The University of Cambridge (often Cambridge University) located in Cambridge, England, is the second-oldest university in the Elements of Romano-canon law were present in England in the ecclesiastical courts and, less directly, through the development of the equity system. An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where 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.

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. Year 1804 ( MDCCCIV) was a Leap year starting on Sunday (link will display the full calendar of the Gregorian calendar (or a The Napoleonic Code, or Code Napoléon (originally called the Code civil des Français) is the French Civil code, established under 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. The Bürgerliches Gesetzbuch (or BGB) is the Civil code of Germany. Year 1900 ( MCM) was an exceptional Common year starting on Monday (link will display the full calendar of the Gregorian calendar

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. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa The Most Serene Republic of San Marino (Serenissima Repubblica di San Marino is a country in the Apennine Mountains. 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. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in

Today Roman Law has been replaced by modern codes. These codes, however, did not create new law from scratch. But rather, to a large extent, the rules of Roman Law which had been transmitted, were placed in a statutory framework which provided a modern, systematic order.

Most important of all, Roman Law will have great significance in regard to the formation of uniform legal rules which further the process of political integration in Europe. Roman Law is the common foundation upon which the European legal order is built.

See also

• Auctoritas (power of the sovereign)
• Basileus (akin to modern sovereign)
• Certiorari
• Corpus Iuris Civilis
• Homo sacer
• Justitium (akin to modern state of exception)
• Imperium (Archons - magistrates - power)
• Interregnum
• Law
• Lex Duodecim Tabularum
• List of Roman laws
• Constitution of the Roman Republic
• Roman Senate
• Roman-Dutch law
• Stipulatio

References

Further reading

• W. W. Buckland, A Textbook of Roman Law from Augustus to Justinian, Cambridge: University Press, 1921. William Warwick Buckland, MA, LLD (1859 - 1946 was a Roman Law scholar Regius Professor of Civil Law in the University of Cambridge
• Fritz Schulz, History of Roman Legal Science, Oxford: Clarendon Press, 1946. Fritz Schulz ( 16 June 1879 – 12 November 1957) was a German Jurist and legal Historian.
• 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).

External links

• A very good collection of resources maintained by professor Ernest Metzger.
• The Roman Law Library by Professor Yves Lassard and Alexandr Koptev
• The Roman Law Articles of Smith's Dictionary

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