Roman law
Origins and Development
Roman law, as a term, refers to the legal system of ancient Rome, including legal developments spanning over a thousand years. The law of the Roman Republic and the Roman Empire laid the foundation for the modern legal systems of many countries today, including the principles of civil law systems.
The development of Roman law covers more than a thousand years from the law of the Twelve Tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around 530 AD). Roman law continued, in a broader sense, to be applied throughout most of Europe until the end of the 17th century.
Principles of Roman Law
The Roman law of things, or property law, is founded on the idea of legal personality. The only important type of thing, from a legal point of view, is a res (an object of the legal system), which is either in the private dominion of a person or in the public domain. The most important characteristic of an object from a legal point of view is its status, i.e., whether it is in the private or public domain.
The principles of Roman law used sophisticated legal constructs to tie together the concept of a persona (legal personality), res (things), and actiones (legal actions). This allowed the Romans to construct a highly flexible system of rights and obligations between legal entities, which could be individuals (personae) or groups such as corporations (universitates).
Roman Legal Procedure
Roman legal procedure, long evolving system used in the Roman courts, which was later adopted in part by modern civil law systems. The Romans were among the first to develop a rational, secular, comprehensive, and consistent theory of law, which they distinguished from other aspects of social and political life.
The Roman legal system was based on the principle that the law should provide a just resolution for every conceivable dispute. The Romans divided their law into jus scriptum (written law) and jus non scriptum (unwritten law). The written law comprised legislation, responses of the jurists, edicts of the magistrates, and the law of the plebiscites. The unwritten law was based on custom and usage, and had no official form.
Influence on Modern Legal Systems
Roman law has had a major influence on many civil law jurisdictions worldwide. In many cases, elements of Roman law were simply incorporated into the civil law systems of many countries. Roman law, in this respect, is distinguished from civil law in the sense of modern legal systems, which are codified. The Roman system continued to guide lawyers and legislators in the 18th and 19th centuries.