Roman law: the foundation of modern jurisprudence
Roman law is not just a collection of ancient civilization's laws. It is the foundation upon which the entire continental (Roman-German) legal system is built, operating in most European, Latin American, as well as Russian and many other states. Even the Anglo-Saxon system (common law) has been indirectly influenced by it. Expressions like "presumption of innocence," "property obliges," and the famous maxim "ex injuria jus non oritur" come to us from Roman jurists. The uniqueness of Roman law lay in the fact that it was the first in history to separate law from religion and morality, making it a formal, logically structured system. The Romans created legal constructs that proved to be so universal that they survived the fall of their own empire and became the foundation for the law of the new era. 1. Periodization of Roman Law The evolution of Roman law spans over a thousand years (from the 8th century BC to the 6th century AD). Several key periods are identified. Archaic Period (753–367 BC) The law of this period was known as "Quirinal" (jus Quirіtium). It was strictly formal, had a sacred character, and was accessible only to Roman citizens (Quirites). The main source was the customs of the ancestors (mores maiorum) and the Laws of the Twelve Tables (451–450 BC) — the first written record of Roman law, created to limit the tyranny of patrician priests. These laws were inscribed on copper tablets and displayed on the main square of Rome — the forum. Classical Period (367 BC – 235 AD) This was the heyday of Roman jurisprudence. The period began with the Law of Petelius (326 BC), which abolished debt slavery for Roman citizens. It was during this time that the main institutions we still use today were formed: contract law, property law, inheritance, obligations from delicts (wrongdoings). Rhetoric and jurisprudence became the highest art. The most famous jurists of this period were Gaius, Papinian, Paul, Ulpian, Modestinus. It was their works that later laid the ... Read more
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