5 Principles of Roman Law
Principles All citizens have the right to equal treatment before the law. One person was presumed innocent and convicted. The burden of proof lies with the prosecutor and not with the accused. Any law that seemed inappropriate or manifestly unjust could be repealed. The four parts of Justinian`s codification are as follows: (1) The institutes set out the basic elements of jurisprudence, which appear in didactic form. (2) The condensed or pandects with various rules derived from the institutes. These rules are accompanied by declarations on the law and organized on the basis of a compendium. The digest consists of fifty books divided into seven parts. The Pandects also contain about fifty books, each book contains several titles. Taken together, the Digest and the Pandects are an important source of law and authority. (3) The Codex Justinianis, divided into twelve books; each book consisted of several parts.
The first nine books were called Codex, the other three books contained the Jus Publicum. (4) Novels (Novellae Constitutiones). About 168 books were summarized in one volume that provided an explanation of Justinian`s codes. These have been translated into different languages. Roman law in the earliest known period is usually expressed in the Twelve Tables with their pronounced formalism. The usual early procedure was also stereotypical; it was the legis actio, a form of indictment and denial, the wording of which had to be strictly followed by the parties, at the risk of losing the claim. Influence of Roman law on democracy? After the middle of the 6th century, Roman law continued to exist within the framework of Germanic laws and was in force in the Byzantine Empire. The revival of classical studies during the Renaissance paved the way for the partial resurrection of Roman law as modern civil law in much of the world.
Jus gentium is perhaps most widely represented in modern legal systems, as it is the basis of commercial law even in countries that follow the common law. Roman laws influenced democracy. Some of the most important principles of Roman law were the following: equality of treatment before the law, innocent until proven guilty, the burden of proof was on the prosecutor, and inappropriate or unjust laws could be repealed. In the period between about 201 and 27 BC. J.-C., we can see the development of more flexible laws to meet the needs of the time. In addition to the old and formal ius civile, a new legal class was created: the ius honorarium, which can be defined as “the law introduced by magistrates who had the right to issue edicts to support, supplement or correct the existing law”.  With this new law, the old formalism is abandoned and new, more flexible principles of ius gentium are used. There are three important principles of Roman law. An accused was presumed innocent until proven guilty. Second, the accused was allowed to face the prosecutor and defend himself against the prosecution.
After all, guilt had to be established “more clearly than daylight” on the basis of solid evidence. The laws of Rome influenced democracy. Some of the most important principles of Roman law were: equal treatment before the law; innocent until proven guilty; the burden of proof lies with the Prosecutor; and inappropriate or unfair laws could be repealed. Double credit Brett Eastman World History Essay Period: 2 12/5/2016 Two examples of Principles of Roman Law that still influence people today are: All citizens were entitled to equal treatment before the law, and one person was presumed innocent until proven guilty. The Constitution of the Roman Republic, or mos maiorum (“ancestral custom”), was an unwritten set of guidelines and principles transmitted mainly by precedents. The concepts that have their origins in the Roman constitution live in the constitutions to this day. Examples include checks and balances, separation of powers, vetoes, obstructions, quorum requirements, term limits, impeachments, stock exchange powers, and regular elections. Even some less widely used modern constitutional concepts, such as block voting in the U.S. Electoral College, come from ideas found in the Roman Constitution. Roman law is the legal system of ancient Rome, including more than a thousand years of legal developments, from the Twelve Tablets (about 449 BC) to the Corpus Juris Civilis (529 AD) ordered by the Eastern Roman Emperor Justinian I. and the terms are sometimes used interchangeably.
The historical importance of Roman law is reflected in the continued use of Latin legal terminology in many of the legal systems it influences, including customary law. The Codex Justinianus and the Justinian Institutes were known in Western Europe and, along with the earlier Codex of Theodosius II, served as models for some of the Germanic legal codes; However, the digest part was largely ignored for several centuries until a manuscript of the digest was rediscovered in Italy around 1070. This was done mainly through the work of glossaries who wrote their comments between the lines (glossa interlinearis), or in the form of marginal notes (glossa marginalis). From that moment on, scholars began to study ancient Roman legal texts and teach others what they had learned from their studies. The center of these studies was Bologna. The local law school gradually grew to become the first university in Europe. Many aspects of Roman law and the Roman Constitution are still used today. These include concepts such as checks and balances, vetoes, separation of powers, term limits and regular elections. When the center of the empire was moved to the Greek East in the 4th century, many legal terms of Greek origin appeared in official Roman legislation.  Influence is even visible in personal or family law, which is traditionally the part of the law that changes the least. For example, Constantine began to restrict the ancient Roman concept of patria potestas, the power of the male head of the family over his descendants, recognizing that the people of Potestate, the descendants, could have property rights.
He apparently made concessions to the much stricter concept of paternal authority under Greek Hellenistic law.  The Codex Theodosianus (438 AD) was a codification of Constantinian laws. Later, the emperors went even further until Justinian finally decreed that a child of Potestate would become the owner of everything he acquired, unless he acquired something from his father.  Many laws include the Lex Canuleia (445 BC; which allowed marriage – ius connubii – between patricians and plebeians), Leges Licinae Sextiae (367 BC; which limited the possession of public lands – ager publicus – and also ensured that one of the consuls was plebeian), Lex Ogulnia (300 BC); The Plebeians had access to priestly posts) and the Lex Hortensia (287 BC; The judgments of the plebeian assemblies – plebiscita – now bind everyone). Only England and the Nordic countries did not participate in the full reception of Roman law. One reason for this is that by the time Roman law was rediscovered, the English legal system was more advanced than its continental counterparts. Therefore, the practical benefits of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English common law system developed alongside Roman civil law, with its practitioners trained at the Inns of Court in London, rather than obtaining degrees in canon or civil law at Oxford or Cambridge universities. Elements of Roman canon law were present in England in the ecclesiastical courts and, less directly, through the development of the system of equity.
In addition, some concepts of Roman law have found their place in the common law. Especially in the early 19th century, English jurists and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. . (1) All citizens have the right to equal treatment before the law. (2) A person was presumed innocent until proven guilty. (3) The burden of proof lies with the prosecutor and not with the accused. (4) Any law that appeared inappropriate or grossly unjust could be repealed. While steps are being taken to unify private law in the Member States of the European Union, the former ius commune, which was the common basis of legal practice throughout Europe but allowed for many local variants, is seen by many as a model. More importantly, Roman law will be of great importance for the formation of uniform legal norms that will promote the process of political integration in Europe. Roman law is the common foundation on which the European legal order is based.
The history of Roman law can be divided into three procedural systems: that of legal measures, that of formulas and that of cognitio extra ordinem. .
- On January 16, 2022