Historical background of Roman Legal system
Outline:
- Introduction
- History of Roman civilization
- Foundation of Rome.REX(9th to 6th century (B.C)
- REX authorities
- REX succession on power
REX--------- king
LEX----------LAW
- Citizens of Rome
- Origin
- Plebians
- Struggle of plebians
- Nobility / plebs
- Secession of plebs
- Concept of laws in Roman law
- Concept development
- Roman thinking/ Legal decision
- Lus scriptum and jus non scriptum
- Development towards the law
- Foundation of Roman Legal system
Historical background of Roman Legal system
Introduction
Roman law is the legal system of ancient rome. Ancient Rome was powerful and important civilization. Rome ruled almost much of Europe for almost a 1000 years. Due to This Expanded to become one of The longest empires in the World. Ruled from around 753.B.c to its fall in 476.A.D.
History of Roman civilization
753 Bc.
City of Rome was founded – Roman Kingdome.
509.B.C
Roman Republic was Established
27.B.C
Ancient Rome empire was founded (August – the first emperor.)
285.B.C
Division into wastern and east roman
Empire (Byzantine empire)
476.B.C
Decline of the wasteen roman empire
1453.A.D
Decline of the eastern roman empire.
The foundation of Rome. Rex.
From 9th to 6th Century B.C. Etruscans, Samnites, Sabines and Latins were the main ethnic groups in Italy۔
The foundation of Rome has the conventional date on April 21st, 753 B.C.: however, the true appearance of the City did not take place before 6th Century B.C.
Its origins were humble and laborious.
Rex authorities
At that time the rex was:
1:-the holder of military power and magical-religious knowledge;
2:-the military commander of the community;
3:-the judge and administrator of the population;
4:-the mediator between the Gods and Man: he would interrogate the Gods by dint of auspicia in making decisions concerning the daily life of the City.
Dynasty of Tarquins
When the dynasty of the Tarquins was certainly predominant.
The rex succeeded in defining his own power: he obtained supreme military and civil authority, decisions of life and death.
His personal power began to be exalted: he was preceded during a special oriental ceremony by the so-called lictors who protected him with axes.
Rex…… king
Lex……law
Citizens of Rome
Patricians(Noble family):
They were the descendent of the noble and wealthy family.
Plebians(common people):
Or peasants worked for the patricians and had no political rights.
Origin
When the roman republic was established in 509.b.c roman already possessed a body of customary law. Non written law based on customs and traditions.
This customary law “lus” only applied to Roman citizens and was thus called “ jus civile”
(civil laws & law of citizens).
In the early phases of roman History only the patricians could hold political offices. Certain public officials known as pontiffs (LIT).
(Makers of bridges) Made decisions and ruled questions in questions of customary law.
Since they belonged to the Same class as the patricians. The plebians felt that pontiffs decions were often arbitary. And learned too much towords the interests of the patricians.
Plebians
The Plebs Shortly after Rome had won its war against the Sabines, Major change occurs in its social and economic conditions, it was necessary to reform the army.
A new social class, the Plebs, made up of a large multitude of people who did not belong to the ancient Aristocracy, grew in numbers and power.
For the first time in the Roman History we find a separation and a distinction between religious and civil / military functions.
The sources tell of an outrage suffered by Lucretia from Sextus Tarquinius, the arrogant son of the King Tarquinius the Superb.
This led to the expulsion of the Tarquins and to the Fall of the Monarchy itself.
The Republic was finally born.
The beginning of the Patrician:
Plebeian Struggle
The new arrangement rendered the historic nobility less powerful, and the Plebeians hungrier for power.
A long struggle began between the Nobility and plebs: the Plebeian Tribunes (the elected plebeian representatives) obtained the power of veto, which gave them the opportunity to defend the Plebeians against arbitrary proceedings (provocatio ad populum) and their person was recognised as ‘untouchable’ (sacred).
However, the main problem of the Plebeians lay with their debts.
After the attack of the Gauls, it became clear that they were indispensable for Rome and its army.
Secessions of plebs:
Milestones in the Conflict
In V Century B.C. there were two secessions of the plebs.
These stemmed from conflicts generated by 1:-economic issues
(E.g about land
And debts, etc)
2:- and from social claims (e.g:- the opportunity to marry, conubium).
The Plebeians constituted their own Assembly in order to vote their decisions and to elect their own representatives who, however, were still limited in power.
Concepts of Laws in Roman law:
Luscivile Quiritum
As the juscivile Means there by citizen jusgentium includes the law of peoples and iusnaturale consides as the Body of that Common laws which relates to praetores (magistrate) And Roman citizens also had the jursdiction over the cases praetores peregrine was the individuals who had jurisdiction cases involving citizens and foreigners. Concepts development:-
“Jus naturale was Concepts of the fusists developed To explain why all people to obey Seemed to obay Laws there answer Was that a natural law instilled in all beings common sense”.
Lus scriptum and jus non scriptum:
The two teams which The Written and unwritten laws and are differed by there creation. The luscriptum is made by legislature and the body of those status. The laws which related to plebiscites that is originating from plebiscites council. Roman lawyers would also include in the iusscriptum edicts of magistrates magistratuum edicta. The advice of the Senatusconsulta the Responses and thoughts of jurist prudentium and the proclamations and beliefs of the principumplacita jus non scriptum was the body of Common laws arose from customary practicee and had became binding over time.
lus Commune and lussingulare:
Lus culommune and lussingulare are an exception from general rules of the legal systems is laws for specifics groups of things. People or the legal relations. An example of this is the law about wills Written by people in The military during a Compaign which a exempt of the solemnities generally required For citizens when writting Wills in normal Circumstances.
Roman thinking and decisions
During the period of social unrest some of the important romans think. Tank observed that the legal decisions were made arbitarily without Written law. Therefore they recommended that there should be written law to run the affairs of roman empire and to forbid hinder and impede the magistrates to use there powers arbitarily.
Development towards the law:-
In 462 B.C., a special 10-member order of magistrates (Decemviri)
Was created in order to
Write laws (legibus scribundis):
1:- they published the XII tabulae in 450-449 B.C.
2:-the so-called Valeriae-Horatiae Laws (449 B.C.) recognised the new plebeian political position.
3:-Lex Canuleia finally granted the conubium between Patricians and Plebeians.
4:-Other important moments of the plebeian struggle, which led to a significant constitutional change, were:
B:-Lex Acquilia
First ever codified law
Laws made for plebians people (committee of ten)
(Codified twelve tables (bronz)
The comittee successfully completed the task and drafted the law which is called the law of twelve tables.
Hence this law laid down the foundation of Roman legal system.
Posts
0 Comments