ROMAN LAW

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Introduction
The Roman law is a law developed over time through thousands of years
of jurisprudence that are all anchored upon the 12 tables and the
Corpus Juris Civilis ordered by Eastern Roman Emperor Justinian.

Before the Twelve Tables (754-449 BC), private law comprised the
Roman civil law that applied only to Roman citizens, and was directly
related to religion.

It had strict formalism, symbolism, and conservatism such as the ritual
practice of mancipatio (a form of sale)

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

Introduction
The Twelve Tables is the earliest attempt by the Romans to create a Code of Law and is also the
earliest piece of literature coming from the Romans

A commission of ten men--Decemviri was appointed to draw up a code of law which would be
binding on both parties and which the magistrates would have to enforce impartially for legal and
social protection and civil rights between the privileged class known as patricians and the common
people referred to as plebeians
The Law of the Twelve Tablets (Latin: Leges Duodecim Tabularum) was the ancient
legislation that stood at the foundation of Roman law. The Law of the Twelve Tables formed the
centerpiece of the constitution of the Roman Republic and the core of the mos maiorum (custom of the
ancestors).
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 reasonableness
test of positive law)
Rome was ruled in monarchy
Lucuis Brutus went up against the capricious rule of King Tarquin
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 law were very
little

first major step in the Roman legal system was in 449
BC the codification of law in the Twelve Tables
documented the centuries-old customary laws, and
were written in early Latin for everyone to read
civil, public, religious law
Legal questions and arguments arose not only among
Roman citizens, but with non-citizens who were living in
or traveling through its territories, to whom the ius civile
or civil law did not apply
the development of the ius gentium or the "law of
nations", and ius naturale or the "natural law" was
established.

the territories of the Roman Empire had for centuries been divided into
two: the Western Empire and the Eastern Empire
The Western Empire had endured a series of Germanic invasions that
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 Justinian aimed
to establish a unified legal system through codification of law in all levels
extended Roman citizenship to the people outside of Italy in the third
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 laws and make
it into a unified body for the purpose of conveying the historical tradition,
culture, and language of Roman law throughout the empire
product of compilation is called as the Justinians Code.

three diverse original parts: (1) Digest or Digest (533 CE), (2) Code or
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 citation of
imperial constitutions, legislation and pronouncements; and the Institutes
were a summarization of the Digest, and was intended as a textbook for
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 update the
Code with new laws created after 534 CE and summarize Justinian's own
constitution
under the Justinian's Code, was practiced in the Eastern Empire until its
downfall in year 1453. It was generally through the Eastern Empire that
such legal practice was handed to Europe during the Medieval Era. The
Justinian Codification was used in the systematic study, rekindling and
rebirth of Roman law, and through this became the foundational source for
Roman law in the Western tradition
Features of Roman Law
Evidence of importance of customary law into civil law (12 tables)

Enactment of the natural law and law of nations as law for non
citizens of the state

Creation of a body specializing in the interpretation of law (jurists)

Importance of compilation and summarization of all the laws for the
as a factor of unification of the people



Influence of Roman Law
Roman Law is no longer strictly applied
within the context of modern legal systems
in the world.

However, it is still immensely important as a
means of understanding the underlying
wisdom behind these legal mechanisms.
Influence of Roman Law (cont)
The different pieces of wisdom in the
construction of the laws of today take from
them the lessons learned from Roman Law.

As an example, the following Roman
maxims will explain this assumption of
importance.
Toleratio est permission negative mali.
Tolerance is the negative permission of evil.
The above legal maxim has for it the explanation of the concept of
Criminal Negligence, wherein an individuals inaction with respect to a
crime-- which then allows the same to flourish-- is to be held
accountable.
Causa proxima non remota spectator.
The law considers the proximate cause and not the remote one.

The above legal maxim describes for us the concept of the Proximate
Cause. The Proximate Cause is an event wherein the legal
determination of injury, is to be ascertained from the happening of that
particular event.