Libmonster ID: NG-2583

Roman law is not just a collection of laws from ancient civilization. It is the foundation on 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 common law system (Anglo-Saxon) has been indirectly influenced by it. Expressions like "presumption of innocence," "property obligates," 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 distinguished.

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 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 foundation for the famous codification.

Post-Classical Period (235–476 AD)

This period was characterized by crisis and the dominance of unlimited monarchy. Law became more rough, formalism gave way to simplification. Imperial constitutions (edicts) became the main source of law. On this stage, the first official collections of imperial laws were compiled — the Codex Gregorianus (about 291 AD) and the Codex Hermogenianus (about 295 AD).

Justinianan Period (527–565 AD)

The Byzantine Emperor Justinian the Great undertook a grand attempt to collect and codify all Roman law. As a result, the famous Corpus Juris Civilis ("Body of Civil Law") appeared, which became a textbook and law for the entire late Roman state. It was this codex that was "discovered" in the Middle Ages in Bologna and laid the foundation for the reception of Roman law in Europe.

The Corpus Juris Civilis included four parts:

  • Institutes of Justinian — a textbook of law for beginners (mandatory for students).
  • Digests (or Pandects) — the most voluminous part; excerpts from the writings of classical Roman jurists, divided into 50 books.
  • Code of Justinian — a collection of imperial laws-constitutions.
  • Novellae — new laws issued by Justinian himself after 534.

“The Corpus Juris Civilis became not just a collection — it turned into a legal Bible for all medieval and Renaissance Europe. Its study revived interest in law and laid the foundations for Western civilization.”

2. What Roman Law Gave to the World: Key Concepts

Division of law into public and private (jus publicum et jus privatum)

The Romans first made a clear distinction: public law relates to the position of the Roman state and its institutions, while private law regulates relations between individuals (family, property, contractual). This division has been preserved in all legal systems to this day.

System of actions (actio)

Roman law was, as lawyers say, a "system of actions": no right, no protection. The famous principle "ubi remedium, ibi jus" (where there is a remedy, there is also law). The emergence of a new life situation required the creation of a new action. Later, this transformed into "contract action" (actio ex stipulatu) and "delict action" (actio ex delicto).

Property rights (dominium)

The Romans developed a complete and absolute right of ownership over a thing — "he who owns, he who uses." From this, the rights of possession (possessio), detention (detentio), and servitudes (limited rights on someone else's property, such as the right of passage through a neighboring plot) branched off.

Contract law

The Romans distinguished four types of contracts: verbal (oral, for example, stipulation — an oath), literal (written), real (when the contract came into force at the moment of the transfer of the thing: loan, mortgage, deposit), and consensual (an agreement based on simple consent of the parties: sale, lease, commission).

Legal status of the individual

Roman law meticulously worked out three statuses of a person: status of freedom (ingenui — freeborn, libertini — freedmen, servi — slaves); status of citizenship (cives, latini, peregrini — foreigners) and family status (pater familias — the head of the family, having power over all household members).

3. Reception of Roman Law in Europe

After the fall of the Western Roman Empire in 476 AD, Roman law formally ceased to operate. However, it continued to "smolder" in local customs and church canons. The turning point came in the late 11th century in Bologna. Irnerius (a scholar known as the "Luminous of Law") began to read lectures on the Digests of Justinian, laying the foundation for the University of Bologna — the oldest in Europe.

Interest in Roman law was enormous because it offered ready-made, rational solutions for new economic realities — trade, usury, bills of exchange, which the feudal fragmentation could not regulate. The reception (reception, borrowing) of Roman law in Europe occurred from the 12th to the 18th century and led to the creation of common continental legal principles.

Direct heirs of the Roman legal tradition became the civil codes of France (Napoleon's Code of 1804), Germany (BGB 1896), Switzerland, Italy, and many other countries. Russian pre-revolutionary law also experienced a strong influence through German pandecticism.

“Without knowledge of Roman law, it is impossible not only to understand history but also the very structure of modern civil legislation. This is the ABC of a lawyer, his foundation.”
Reviews of professional authors
Order by: 
Per page: 
 
  • There are no comments yet
Publisher
Nigeria Online
Abuja, Nigeria
35 views rating
13.05.2026 (29 days ago)
0 subscribers
Rating
0 votes
Related Articles
Philosophy of dialogue between civilizations
Catalog: Философия 
Yesterday · From Nigeria Online
Ice cream as an Italian brand
2 days ago · From Nigeria Online
Camargue and its protection
Catalog: Экология 
2 days ago · From Nigeria Online
Wild Horse and Burro Act
Catalog: Право 
2 days ago · From Nigeria Online
Dissocial personality disorder
2 days ago · From Nigeria Online
Arrogance and pride
Catalog: Этика 
3 days ago · From Nigeria Online
Rose as a cultural symbol
3 days ago · From Nigeria Online
Collecting - is it a hobby or an illness?
Catalog: Лайфстайл 
4 days ago · From Nigeria Online
Physical health and mental balance
Catalog: Медицина 
4 days ago · From Nigeria Online
Nobility in life and at work
Catalog: Этика 
4 days ago · From Nigeria Online

New publications:

Popular with readers:

News from other countries:

ELIB.NG - Nigerian Digital Library

Create your author's collection of articles, books, author's works, biographies, photographic documents, files. Save forever your author's legacy in digital form. Click here to register as an author.
Library Partners

Roman law: the foundation of modern jurisprudence
 

Editorial Contacts
Chat for Authors: NG LIVE: We are in social networks:

About · News · For Advertisers

Nigerian Digital Library ® All rights reserved.
2023-2026, ELIB.NG is a part of Libmonster, international library network (open map)
Preserving the Nigerian heritage


LIBMONSTER NETWORK ONE WORLD - ONE LIBRARY

US-Great Britain Sweden Serbia
Russia Belarus Ukraine Kazakhstan Moldova Tajikistan Estonia Russia-2 Belarus-2

Create and store your author's collection at Libmonster: articles, books, studies. Libmonster will spread your heritage all over the world (through a network of affiliates, partner libraries, search engines, social networks). You will be able to share a link to your profile with colleagues, students, readers and other interested parties, in order to acquaint them with your copyright heritage. Once you register, you have more than 100 tools at your disposal to build your own author collection. It's free: it was, it is, and it always will be.

Download app for Android