Roman Legal System

Roman Legal System

1. Introduction:

Roman Law is generally associated with the city of ancient Rome. The Roman jurisprudence evolved over numerous distinctive stages and greatly influenced modern legal systems. Emperor Justinian I played a pivotal role in the codification of Roman law, overseeing the arrangement of the Corpus Juris Civilis.

2. Corpus Juris Civilis (AD 529-34):

The Corpus Juris Civilis, meaning the body or set of civil law, was compiled under Emperor Justinian\’s orders. This body of laws formed the foundation for both the Civil legal system and the Roman legal system, greatly influencing legal systems in Europe and beyond.

3. Juristic Views about the Significance of Roman Legal System:

Nicholas, in his book An Introduction to Roman Law, emphasized the Roman legal system\’s importance:
“Roman law gave almost all of Europe a common stock of legal ideas, a common grammar of legal thought, and, to a varying but considerable extent, a common mass of legal rules.”

4. Stages of the History of Roman Legal Development:

• i. Establishment of a Small City-State (510 BC):
  The Roman state was established after the fall of King Tarquinius Superbus, marking the beginning of the Roman Republic.

• ii. Organization of a Professional Army:
  During this era, Rome organized a professional army that played a crucial role in consolidating its power and expanding its influence.

• iii. Setting Up of Constitutional Government:
  A constitutional government began with the rise of Augustus (Octavian) as the first Roman Emperor, marking the transition to the Roman Empire.

• iv. The Twelve Tables (451 BC):
  The Twelve Tables were the first written laws of Rome, codifying various aspects of Roman law, including crime, property, and family matters.

• v. Developments in the Interpretation of Law:
  Without professional judges, legal interpretation was carried out by priests and jurists.

• vi. Rise of Justinian:
  Justinian, who came to power in 518 AD, became the sole ruler and central authority of the Roman Empire.

• vii. Formulation of the Digest (533 AD):
  Under Justinian\’s rule, a comprehensive compilation of earlier legal texts known as the Digest was created, codifying Roman legal principles.

• viii. Publication of the Institutes (533 AD):
  Justinian also published the Institutes, a textbook designed to serve as an introduction to Roman law.

• ix. Introduction of the Codex (533 AD):
  The Codex was introduced to deal with imperial laws during Justinian’s reign, marking another significant aspect of the Corpus Juris Civilis.

• x. Renewal of Roman Law and Corpus Juris Civilis:
  Irnerius (1055-1130), a legal scholar, played a crucial role in the revival and study of Roman law during the medieval period.

5. The Twelve Tables:

The Twelve Tables (451-450 BC) represent the earliest surviving piece of Roman legal literature and were the first formal written laws of Rome. These laws addressed various aspects of public and private life. Here’s a breakdown of the twelve tables:

• i. Table I (Preliminary to Trial):
  Individuals summoned to court had to appear, or they could be forcibly brought in.

• ii. Table II (Trial):
  Witnesses who failed to appear could be summoned repeatedly. Thieves faced severe punishments, including flogging or death.

• iii. Table III (Execution of Judgment):
  Individuals had 30 days to settle debts, after which forcible seizure was allowed.

• iv. Table IV (Paternal Power):
  Fathers had extensive rights over their children, including life and death authority in extreme cases.

• v. Table V (Inheritance and Guardianship):
  Women were under male guardianship, and if an individual became insane, their nearest male relative took charge of their property.

• vi. Table VI (Ownership and Possession):
  Sale agreements, even verbal ones, were legally binding.

• vii. Table VII (Real Property):
  This law addressed distances to be maintained between buildings and fields.

• viii. Table VIII (Torts and Delicts):
  Penalties were prescribed for damage caused by animals or theft, including capital punishment for certain crimes.

• ix. Table IX (Public Laws):
  Laws applied equally to all individuals, and judges found guilty of bribery faced the death penalty.

• x. Table X (Sacred Laws):
  This law covered funeral practices, prohibiting burials within the city walls and limiting the number of flute players in funeral processions.

• xi. Table XI (Supplementary Laws):
  Marriage between patricians and plebeians was forbidden.

• xii. Table XII (Supplementary Laws):
  Recent laws could override older rulings.

6. Importance of Roman Law Today:

Roman law is the foundation of jurisprudence in many European countries. Modern codes, particularly the German Civil Code, often build upon the principles of Roman law. While Roman law has been replaced by more modern legal frameworks, its influence is deeply embedded in contemporary legal systems. The medieval ius commune and the Bolognese legal method are examples of how Roman law shaped legal decision-making across Europe.

7. The Influence of Roman Law on English Law:

While English law is predominantly based on the common law system, Roman law’s influence remains significant, especially during its formative period. English law did not adopt Roman law directly, as was done in continental Europe, but borrowed elements from it, especially during the medieval period. The Liber Pauperum, written by Roger Vacarius (a scholar from Bologna), introduced Roman law principles into English legal education and influenced early common law development.

• The Common Law Incorporates Certain Aspects of Roman Law:
  English law, particularly after the Norman Conquest of 1066, absorbed Roman law elements, especially through the work of Roger Vacarius. His lectures and writings, including the Liber Pauperum, had a lasting impact on legal education and practice in England.

• Limitation on the Influence of Roman Law in English Law:
  Despite Roman law\’s influence on English law, certain principles, such as the need for notaries to authenticate documents, were never fully integrated. The common law system also differs significantly from the civil law system in terms of land law and the role of judges.

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Conclusion:

The Roman legal system laid the groundwork for modern legal systems across Europe, particularly through the Corpus Juris Civilis and the Twelve Tables. While English law evolved through the common law tradition, Roman law’s impact is still felt in the development of legal systems globally. Understanding the origins and legacy of Roman law is crucial for comprehending the development of contemporary legal frameworks.