This website uses cookies to ensure you have the best experience. Learn more

Roman Law Essay

2755 words - 12 pages

Original text - Definition of Roman law
“Between 753 b.c. and a.d. 1453, the legal principles, procedures, and institutions of Roman law dominated Western, and parts of Eastern, civilization. The legal systems of western Europe, with the exception of Great Britain, are based on Roman law and are called civil-law systems. Even the common-law tradition found in the English-speaking world has been influenced by it. In the United States, the Common Law has been paramount, but Roman law has influenced the law of the state of Louisiana, a former French territory that adopted a French civil-law code.
Roman law began as an attempt to codify a set of legal principles for all citizens. In 450 b.c. ...view middle of the document...

Roman law steadily accumulated during the course of the empire, and over time it became contradictory and confusing. In the early sixth century a.d., the Byzantine emperor Justinian I, appointed a commission to examine the body of law and determine what should be kept and what should be discarded. From this effort came the Corpus Juris Civilis, a Codification of Roman law that became the chief lawbook of what remained of the Roman Empire.
The decline of the Roman Empire also led to the diminution of interest in Roman law in western Europe. The Corpus was unknown to western scholars for centuries. During the twelfth century, however, Roman law studies revived in western Europe. In the late eleventh century, a manuscript containing part of the Corpus was discovered in Pisa, Italy. The remainder of the compilation was soon recovered, and schools where Roman law could be studied were established in Bologna, Italy, and then elsewhere in Europe. By the twelfth century, commentaries on the Corpus Juris Civilis appeared, and in time men trained in Roman law found posts in secular and ecclesiastical bureaucracies throughout Europe.
As a result, the legal systems of the Catholic Church and of almost every country in Europe were influenced by Roman law. Around the year 1140, the scholar Gratian prepared the Concordance of Discordant Canons, or Decretum. The Decretum was the largest and best-organized compendium of canon (church) law up to that time. Gratian used the Corpus Juris Civilis as his model, and later canonists studying the Decretum used the same methods that Roman lawyers applied to the Corpus Juris Civilis. Many scholars became masters of both Roman and Canon Law.
Among the nations of western Europe, England, which had already established a viable common-law tradition and a system of royal courts by the time that Roman law became accessible, felt the impact of the revival of Roman law the least. Nevertheless, English Law drew upon Roman admiralty law, and the crimes of forgery and libel were based on Roman models. English ecclesiastical courts applied canon law, which was based on Roman law, and the universities of Oxford and Cambridge taught canon and Roman law. Scholars have noted the similarities between the Roman and English actions of Trespass, and the equitable method of Injunction may have been derived from canon law. Much of western European Commercial Law, which contained Roman law, became part of English law without much change.
The legal systems of most continental European nations owe their basic structures and categories to Roman law. Scholars point to several reasons for this "reception" of Roman law. In some areas such as southern France where remnants of Roman law had survived the collapse of the Roman Empire, the Corpus Juris Civilis helped to explain the institutions that were already in existence. More important in ensuring the reception of Roman law were the political principles that it contained. Law that had been...

Other Papers Like Roman Law

Roman Theatre Essay

671 words - 3 pages from rain or sunlight.[3] Standard floor plan of a roman theatre. Some Roman theatres, constructed of wood, were torn down after the festival for which they were erected concluded. This practice was due to a moratorium on permanent theatre structures that lasted until 55 BC when the Theatre of Pompey was built with the addition of a temple to avoid the law. Some Roman theatres show signs of never having been completed in the first place.[4

The Romans Essay

722 words - 3 pages the dictatorship and returned to his farm only 15 days after he successfully defeated Rome's enemies, the republican leaders resumed control over Rome. One of the innovations of the Roman Republic was the notion of equality under the law. In 449 B.C.E., government leaders carved some of Rome's most important laws into 12 great tablets. The Twelve Tables, as they came to be known, were the first Roman laws put in writing. Although the laws were

Byzantine Empire (as Written by Thomas Garguillo)

1060 words - 5 pages writing, Christianity, codified law, and sophisticated political organization into lands settled by Slavic peoples. Because Byzantine political, economic, and cultural influence stretched so far, historians often refer to it as the “Byzantine commonwealth.” Just as Greek and Roman initiative brought Mediterranean lands into a larger integrated society, Byzantine policies led to the formation of a large, multicultural zone of trade, communication

What Makes a Roman

1671 words - 7 pages ; whoe’er is brave and virtuous, is a Roman. (Addison, 55) In his final moments of clarity, Cato realizes that Juba’s nationality does not make him as taboo as he once imagined. In a world in which Caesar is invading and destroying the great ancient ideals that the Romans have so long lived by, an African son-in-law would be the least of Cato’s worries. Love, as shared between Juba and Marcia, too, is one of the great virtues that often

The Roman Achievement. What Are Some of the More Significant Aspects of the Roman Achievement?

2176 words - 9 pages how many actually practice their religion actively. So the roman influence of the spread of Christianity has key relevance within todays society. The modern world also inherited legal thinking from the Roman laws. Creating an extensive civil service and formalised methods of tax collection. 'Law signifies order and is to be regarded as valid and binding by members of the group in which it prevails9.' Their idea that law could be based on just

The Roman Republic

967 words - 4 pages The Law of Debt, The Guardianship, and The Public Law, along with the regularization of the Roman Republic. The Republic was victorious in battle and continued to grow through conquests; according to Polybius, “the Roman army was basically a citizen army led by the Republic's elected magistrates was one of the reasons that the Romans were so successful militarily” (Spielvogel 125). Many of the conquests were written by the author Livy, who

The Similarities That Lie Between Our Governments

1580 words - 7 pages fact, we can safely assume that The Roman Republic influenced The Constitution. Article I Section 7 of the constitution discusses the powers of the legislature and what they can and cannot do. It also includes some information regarding the president’s power. Article I Section 7 states that “Every Bill shall have passed the House of Representatives and the Senate shall, before it becomes a Law, be presented to the President of the United States

Roman Empire Great

1061 words - 5 pages and no one person or group should dominate. Roman Empire Example In the Roman Empire, citizens were informed about what was going on and were active participants in elections. Elected magistrates called consuls were elected annually. Political bodies called the tribunes were elected by the people and had power in the monarch. The Roman law code was publicly displayed in the Roman Forum to inform and educate all people of the laws (History

History of Ancient Rome

1652 words - 7 pages classes .The inferior classes were marrying much later than the superior class. The Roman law stated clearly that when two couples shared a home, they were presumed legally married. Men were the main dominant gender in this marriage business and were the power brokers (Arnold et al, 2003). Education and Language The language which was widely spoken in Rome and the neighboringregionswasLatin. This language historian says that, indeed was not the


936 words - 4 pages Critically discuss the sources of law citing their advantages and disadvantages. (30) Law is the body which a community recognises as binding on its members. There are different sources of law, each contributing in one way or the other to the effective administering of rules and regulations within a state or community. Such sources of law include customary law, judicial precedent law, Roman-Dutch law and legislative law Customary law includes

Roman Slavery

1561 words - 7 pages the Romans Did: A Sourcebook in Roman Social History. 2nd ed. New York: Oxford UP,1988. The Law Code of Theodosius. In Jo-Ann Shelton, ed. As the Romans Did: A Sourcebook in Roman Social History. 2nd ed. New York: Oxford UP,1988. Varro, On Agriculture. . In Jo-Ann Shelton, ed. As the Romans Did: A Sourcebook in Roman Social History. 2nd ed. New York: Oxford UP, 1988.

Related Essays

Mediterranean Society Essay

619 words - 3 pages appreciated for more than two centuries. Pax romana is the idea of Roman Peace. During this time, Romans engineered well made roads and postal systems. They even implemented a Roman law-tradition known as the twelve tables. Owners of latifundia (plantations worked by slaves) specialized products for export. There were numerous trade with the Mediterranean which eventually became a Roman lake. Roman navies also helped to keep the seas largely free

The Rise Of Chrisianity Inth Roman Empire

2413 words - 10 pages through Paul that Christian missionaries began to migrate from the strict Jewish law. He proposed that the new standards of faith be universal and open to all members who wished to practice whether or not they were Jewish. Paul’s conversion to Christianity was vital for the development of the religion. Born a Greek, he was Jewish and had the knowledge of Greco-Roman culture. Paul taught the basic beliefs of Christianity in such a way that other

Soapstone Essay

516 words - 3 pages Alexis Taylor Period 6 The main topic of this article is accounts and excerpts of Roman law towards Jews in the middle Ages. Constantine the Great (306-337) was the first Roman emperor to issue laws which radically limited the rights of Jews as citizens of the Roman Empire. This document was produced October 18, 315 by Constantine the Great. During this time period Christianity had begun to really develop and rapidly spread as a

Roman Empire Essay

1304 words - 6 pages Roman Empire Emerald Man period8 The creation of Roman Empire brings the Roman political, economy and society change a lot. Did you know, although Rome grew rapidly, but the republic government was disable to handle the outcome ofthese changes? The Punic War and the way that Rome’s expanding the empire brought many problems. Especially in the serious gap between rich and poor. Do you want to know what contribute a glory Roman Empire