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ROMAN LAWAnsay | Luna | Rodis | Yu
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IntroductionThe Roman law is a law developed over time through thousands o
of jurisprudence that are all anchored upon the12 tables and theCorpus Juris Civilisordered by Eastern Roman Emperor Justi
Before the Twelve Tables (754-449 BC), private law comprised th
Roman civil law that applied only to Roman citizens, and was dire
related to religion.
It had strict formalism, symbolism, and conservatism such as the
practice of mancipatio (a form of sale)
It is believed that Roman Law is rooted in the Etruscan religion,
emphasizing ritual.
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Introduction
The Twelve Tables is the earliest attempt by the Romans to create a Code of Law and
earliest piece of literature coming from the Romans
A commission of ten men--Decemviri was appointed to draw up a code of law w
binding on both parties and which the magistrates would have to enforce impartially for
social protection and civil rights between the privileged class known aspatricians an
people referred to as plebeians
The Law of the Twelve Tablets (Latin: Leges Duodecim Tabularum) was th
legislation that stood at the foundation of Roman law. The Law of the Twelve Tables fo
centerpiece of the constitution of the Roman Republic and the core of the mos maiorum
ancestors).
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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 rea
test of positive law)
Rome was ruled in monarchy
Lucuis Brutus went up against the capricious rule of King Tarq
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 la
little
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first major step in the Roman legal system was
BCthe codification of law in the Twelve Table
documented the centuries-old customary laws,were written in early Latin for everyone to read
civil, public, religious law
Legal questions and arguments arose not only
Roman citizens, but with non-citizens who were
or traveling through its territories, to whom the or civil law did not apply
the development of the ius gentium or the
nations", and ius naturale or the "natural
established.
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the territories of the Roman Empire had for centuries been divi
two: the Western Empire and the Eastern Empire
The Western Empire had endured a series of Germanic invasio
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 Jus
to establish a unified legal system through codification of law in
extended Roman citizenship to the people outside of Italy
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 law
it into a unified body for the purpose of conveying the histor
culture, and language of Roman law throughout the empire
product of compilation is called as the JustiniansCode.
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three diverse original parts: (1) Digest or Digest (533 CE),
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 citatio
imperial constitutions, legislation and pronouncements; and thewere a summarization of the Digest, and was intended as a tex
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
Code with new laws created after 534 CE and summarize Just
constitution under the Justinian's Code, was practiced in the Eastern Empi
downfall in year 1453. It was generally through the Eastern Em
such legal practice was handed to Europe during the Medieval
Justinian Codification was used in the systematic study, rekind
rebirth of Roman law, and through this became the foundationa
Roman law in the Western tradition
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Features of Roman Law
Evidence of importance of customary law into civil law (1
Enactment of the natural law and law of nations as law fo
citizens of the state
Creation of a body specializing in the interpretation of law
Importance of compilation and summarization of all the la
as a factor of unification of the people
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Influence of Roman Law
Roman Law is no longer strictly appliewithin the context of modern legal sys
in the world.
However, it is still immensely importan
means of understanding the underlyin
wisdom behind these legal mechanism
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Influence of Roman Law (cont)
The different pieces of wisdom in theconstruction of the laws of today take
them the lessons learned from Roman
As an example, the following Roman
maxims will explain this assumption o
importance.
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Toleratio est permission negative ma
Tolerance is the negative permission of
The above legal maxim has for it the explanation of the conce
Criminal Negligence, wherein an individuals inaction with rescrime-- which then allows the same to flourish-- is to be held
accountable.
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Causa proxima non remota spectator.
The law considers the proximate cause and not the r
The above legal maxim describes for us the concept of the P
Cause. The Proximate Cause is an event wherein the legaldetermination of injury, is to be ascertained from the happeni
particular event.