Roman Law Presentation

8/10/2019 Roman Law Presentation

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ROMAN LAWAnsay | Luna | Rodis | Yu


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IntroductionThe Roman law is a law developed over time through thousands o

of jurisprudence that are all anchored upon the12 tables and theCorpus Juris Civilisordered by Eastern Roman Emperor Justi

Before the Twelve Tables (754-449 BC), private law comprised th

Roman civil law that applied only to Roman citizens, and was dire

related to religion.

It had strict formalism, symbolism, and conservatism such as the

practice of mancipatio (a form of sale)

It is believed that Roman Law is rooted in the Etruscan religion,

emphasizing ritual.


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Introduction

The Twelve Tables is the earliest attempt by the Romans to create a Code of Law and

earliest piece of literature coming from the Romans

A commission of ten men--Decemviri was appointed to draw up a code of law w

binding on both parties and which the magistrates would have to enforce impartially for

social protection and civil rights between the privileged class known aspatricians an

people referred to as plebeians

The Law of the Twelve Tablets (Latin: Leges Duodecim Tabularum) was th

legislation that stood at the foundation of Roman law. The Law of the Twelve Tables fo

centerpiece of the constitution of the Roman Republic and the core of the mos maiorum

ancestors).


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History of Roman Law

most primitive Roman law was not codified

privately administered as the law of the higher classes

basis of civilized life throughout the Empire

legal system grounded on the theory of natural law (the rea

test of positive law)

Rome was ruled in monarchy

Lucuis Brutus went up against the capricious rule of King Tarq

in 509-510 BC, Rome was declared a republic

two consuls and the Senate administered Rome

However, the number of people who knew anything of the la

little


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first major step in the Roman legal system was

BCthe codification of law in the Twelve Table

documented the centuries-old customary laws,were written in early Latin for everyone to read

civil, public, religious law

Legal questions and arguments arose not only

Roman citizens, but with non-citizens who were

or traveling through its territories, to whom the or civil law did not apply

the development of the ius gentium or the

nations", and ius naturale or the "natural

established.


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the territories of the Roman Empire had for centuries been divi

two: the Western Empire and the Eastern Empire

The Western Empire had endured a series of Germanic invasio

subsequently, led to its downfall in 476 CE

the Roman Empire under Justinian's rule was the East

challenge of sustaining control and unity among territories Jus

to establish a unified legal system through codification of law in

extended Roman citizenship to the people outside of Italy

century CE making non-citizen inhabitants "citizens of Rome"

subject to ius civile or civil law made a commission of jurists to gather all existing Roman law

it into a unified body for the purpose of conveying the histor

culture, and language of Roman law throughout the empire

product of compilation is called as the JustiniansCode.


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three diverse original parts: (1) Digest or Digest (533 CE),

Codex (534 CE), and (3) Institutes or Institutiones (535 CE)

classical jurists' writings on law and justice

defined the actual laws of the empire, which includes the citatio

imperial constitutions, legislation and pronouncements; and thewere a summarization of the Digest, and was intended as a tex

future jurists/law students

fourth work known as the Novella or Novellae was not a part of

Justinian's,-- created separately by legal scholars in 556 CE to

Code with new laws created after 534 CE and summarize Just

constitution under the Justinian's Code, was practiced in the Eastern Empi

downfall in year 1453. It was generally through the Eastern Em

such legal practice was handed to Europe during the Medieval

Justinian Codification was used in the systematic study, rekind

rebirth of Roman law, and through this became the foundationa

Roman law in the Western tradition


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Features of Roman Law

Evidence of importance of customary law into civil law (1

Enactment of the natural law and law of nations as law fo

citizens of the state

Creation of a body specializing in the interpretation of law

Importance of compilation and summarization of all the la

as a factor of unification of the people


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Influence of Roman Law

Roman Law is no longer strictly appliewithin the context of modern legal sys

in the world.

However, it is still immensely importan

means of understanding the underlyin

wisdom behind these legal mechanism


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Influence of Roman Law (cont)

The different pieces of wisdom in theconstruction of the laws of today take

them the lessons learned from Roman

As an example, the following Roman

maxims will explain this assumption o

importance.


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Toleratio est permission negative ma

Tolerance is the negative permission of

The above legal maxim has for it the explanation of the conce

Criminal Negligence, wherein an individuals inaction with rescrime-- which then allows the same to flourish-- is to be held

accountable.


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Causa proxima non remota spectator.

The law considers the proximate cause and not the r

The above legal maxim describes for us the concept of the P

Cause. The Proximate Cause is an event wherein the legaldetermination of injury, is to be ascertained from the happeni

particular event.

Roman Law Presentation

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