Influence of Roman law
on the world legal systems
Question NO 1
Write a detailed note on influence of the Roman legal system on World legal system?
Introduction:
As a legal system, Roman law has affected the development of law in most of Western civilization as well as in parts of the East. It forms the basis for the law codes of most countries of continental Europe and derivative systems elsewhere.
What is Roman Law?
Roman law are the legal norms and laws that were applied to citizens from the founding of Rome (753 BC) until the middle of the 6th century AD, when the Emperor Justinian I gathered all the previous legal compilations into a single legal order called Corpus Iuris Civilis.
ROMAN LAW
➢ basic legal system
➢ foundation of the civil law
➢ influence of the common law
➢ formal and rigid in its early stage
➢ Was later called "the flexible system" because of adjusting itself to the needs
of a growing empire and an expanding commerce.
➢ first set in the "twelve tables" but largely magnified by statutes and eventually
systemized in a famous code: "The Justinian Code 533 A.D"
➢ emphasized order, uniformity, and certainty
➢ described as classical and stressed strict reliance to formal rules and
principles
➢ It was because of this that impressed the judiciary the necessity to decide
from formulated general rule of law, the principle to be applied to the case
under consideration.
➢ It opposes variables and find distinction.
➢ Its weakness is that it lacks realism under changing circumstances and
conditions.
Influence of the Roman legal system:
REBIRTH OF LEARNING (RENAISSANCE)
TODAY
• 12 TABLES
• The Justinian Code
• CANON LAW
Roman law or the law of ancient Rome from the time of the founding of the city in 753 BCE until the fall of the Western Empire in the 5th century CE. It remained in use in the Eastern, or Byzantine, Empire until 1453.
The term Roman law today often refers to more than the laws of Roman society.
The legal institutions evolved by the Romans had influence on the laws of other peoples in times long after the disappearance of the Roman Empire and in countries that were never subject to Roman rule.
To take the most striking example, in a large part of Germany, until the adoption of a common
code for the whole empire in 1900, the Roman law was in force as “subsidiary law”; that is, it was applied unless excluded by contrary local provisions. This law, however, which was in force in parts of Europe long after the fall of the Roman Empire, was not the Roman law in its original form. Although its basis was indeed the Corpus Juris Civilis-the codifying legislation of the emperor codifying legislation of the emperor Justinian I-this legislation had been interpreted, developed, and adapted to later conditions by generations of jurists from the 11th century onward and had received additions from non- Roman sources.
The Contribution of Roman Law to Modern Legal Systems
Or
Importance of Roman law today in Current legislation through its terms.
Today, Roman law is a compulsory subject of study in most Western law schools. Roman law created an orderly legal system and provided..
- essential concepts or terms of Roman legal system included in current legislation,
such as:
- Jurist
- Patria potestad
- Magistrate
- Senate
Explainataion :-
- Jurist or jurisconsult ( iuris consultus) : refers to an expert in laws. It can be an academic, lawyer or judge, depending on the country where the term is used.
- Patria potestad ( patria potesta) : the power of the father over minor children. In some current legislation the mother is also included.
- Magistrate ( praetor) : He was referring to the ancient praetors who administered Roman justice. It is now used to refer to public officials of the judiciary.
- Senate ( senatus) : was the institution in charge of legislative deliberation and decision-making. Currently the Senate is also called the Senate, National Assembly or Congress).
The legacy of Roman law in contemporary legislation can be seen in three major legal systems:
Impact/Influence of Roman Legal system on the World legal system:
The influence of Roman law on modern legal systems has been immense. several legal systems of the world have been shaped significantly, directly or indirectly, by the concepts of Roman law. Such as
- Revival in Italy (jurisprudence’ of Rome was ‘revived’.)
- Influence on common law
- Influence in European legal system
- Influence on other legal systems (commercial transactions)
- Still in use (concepts like checks and balance, vetoes, separation of power, term limits and regular elections.)
- .Modern Laws
- Influence as a Subject
Detailed Explanation :-
1.Revival in Italy:
Five and a half centuries after the death of Emperor Justinian and centuries after the decline of the Roman Empire, the ‘jurisprudence’ of Rome was ‘revived’. Partly by being studied in the universities of Northern Italy from the Law Century onwards.
2.Influence on common law:
Roman law Although many have argued that England stood out against the ‘reception’ or ‘revival’ of Roman law and retained its own common law, it is accepted now that the common law has been to a considerable extent, influenced by Roman law.
3.Influence in European legal system:
Today, there are two great legal systems of European origin in the world, the common aw of
England and the civil law of continental Europe, shaped largely by the ‘revived’ Roman law. The
common law is the basis of the legal systems of most English-speaking nations. The Civil law is
the basis of the legal systems of countries on the continent of Europe and countries in South
America and elsewhere.
4.Influence on other legal systems :
The other non-European legal systems, the Hindu and the Mohammedan, are largely religious based but have ‘imported’ aspects of the common law and civil law into commercial transactions.
5.Still in use:
Many aspects of Roman law and the Roman Constitution are still in use today. These includes
concepts like checks and balance, vetoes, separation of power, term limits and regular elections.
6.Modern Laws:
Today, Roman law has been replaced by modern codes, these codes were created by transmitting
the Rules of Roman Law and placing them in a framework which provided a modern and
systematic order.
7.Influence as a Subject:
Even though, Roman Empire had disappeared centuries ago, but laws of Roman Empire still
remain as a compulsory subject in our law facilities and modern studies. We still refer to that very same old Roman law.
Conclusion:
To conclude that the Roman legal system is developed through different periods and processes from the Roman Twelve Tables and classical or pre-classical period of the Roman legal system and post- classical law of the Roman legal system. In the current scenario of globalization Roman law greatly influences the World Legal system.
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