1. ROMAN LAW Development and Influence

2. Preview Definition Definition Codifications Codifications Germanic laws Germanic laws Canon law Canon law Ius comune: common law of Europe Ius comune: common law of Europe National codes National codes

3. Definition 1. The legal system of ancient Rome 1. The legal system of ancient Rome 2. System of law developed in the Republic of Rome, the Roman Empire and the Byzantine Empire 2. System of law developed in the Republic of Rome, the Roman Empire and the Byzantine Empire

4. The Law of the Twelve Tables (Lex Duodecim Tabularum) In the earliest period –laws kept secret by pontifices In the earliest period –laws kept secret by pontifices In 451 BC a board of ten men (Decemvirate) was appointed to draw up a code In 451 BC a board of ten men (Decemvirate) was appointed to draw up a code

5. The Law of the Twelve Tables (Lex Duodecim Tabularum) “...every citizen should quietly consider each point, then talk it over with his friends, and, finally, bring forward for public discussion any additions or subtractions which seemed desirable” (Livy) “...every citizen should quietly consider each point, then talk it over with his friends, and, finally, bring forward for public discussion any additions or subtractions which seemed desirable” (Livy) Formally promulgated in 449 BC Formally promulgated in 449 BC Drawn up on 12 tablets posted in the Forum Romanum Drawn up on 12 tablets posted in the Forum Romanum

6. The Law of the Twelve Tables (Lex Duodecim Tabularum) not a law code in the modern sense not a law code in the modern sense not a complete and coherent system of all applicable rules not a complete and coherent system of all applicable rules contained specific provisions designed to change the existing customary law contained specific provisions designed to change the existing customary law provisions belong to all areas of law, but the largest part is dedicated to private law and civil procedure provisions belong to all areas of law, but the largest part is dedicated to private law and civil procedure

7. Excerpts from the Twelve Tables Tabula I: Civil Procedure If someone is called to go to court, he is to go. If he does not go, a witness should be called. Only then should he be captured. If someone is called to go to court, he is to go. If he does not go, a witness should be called. Only then should he be captured.

8. Excerpts from the Twelve Tables Tabula I: Civil Procedure When parties have made an agreement, announce it. If they don’t agree, they shall state their case in the Forum before noon. They shall plead together in person. After noon, let the judge pronounce. If both are present, the case shall end at sunset. When parties have made an agreement, announce it. If they don’t agree, they shall state their case in the Forum before noon. They shall plead together in person. After noon, let the judge pronounce. If both are present, the case shall end at sunset.

9. Roman law Rome's most important contribution to European legal culture - not the enactment of well-drafted statutes, but the emergence of a class of professional jurists (prudentes, or jurisprudentes) and of a legal science. This was achieved in a gradual process of applying the methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Rome's most important contribution to European legal culture - not the enactment of well-drafted statutes, but the emergence of a class of professional jurists (prudentes, or jurisprudentes) and of a legal science. This was achieved in a gradual process of applying the methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science.

10. Roman law: 201 to 27 BC, development of more flexible laws to match the needs of the time. development of more flexible laws to match the needs of the time. In addition to the old and formal ius civile a new juridical class created: ius honorarium: "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." In addition to the old and formal ius civile a new juridical class created: ius honorarium: "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." old formalism abandoned and new more flexible principles were used old formalism abandoned and new more flexible principles were used

11. Praetors Adaptation of law to new needs- given over to magistrates, esp. to praetors Praetor - not a legislator; did not technically create new law when he issued his edicts (magistratuum edicta). Adaptation of law to new needs- given over to magistrates, esp. to praetors Praetor - not a legislator; did not technically create new law when he issued his edicts (magistratuum edicta). results of his rulings enjoyed legal protection (actionem dare) and were often the source of new legal rules. results of his rulings enjoyed legal protection (actionem dare) and were often the source of new legal rules.

12. Praetor A Praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. A Praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict (edictum traslatitium). In this way a constant content was created that proceeded from edict to edict (edictum traslatitium).

13. Classical Roman law distinction between the legal right to use a thing (ownership) from the factual ability to use and manipulate the thing (possession) distinction between the legal right to use a thing (ownership) from the factual ability to use and manipulate the thing (possession) distinction between contract and tort distinction between contract and tort standard types of contract (sale, contract for work, hire, contract for services) standard types of contract (sale, contract for work, hire, contract for services) Gaius (cc. 160) invented a system of private law based on the division into personae (persons), res (things) and actiones (legal actions). This system can be recognized in the French Civil Code or the German Civil Code Gaius (cc. 160) invented a system of private law based on the division into personae (persons), res (things) and actiones (legal actions). This system can be recognized in the French Civil Code or the German Civil Code

14. Corpus Iuris Civilis (Codex Justinianus) Most comprehensive code of Roman law, compiled (529-35) under Justinian I, by commission of jurists headed by Tribonian Most comprehensive code of Roman law, compiled (529-35) under Justinian I, by commission of jurists headed by Tribonian

15. Corpus Iuris Civilis 1. Codex or Code (collection of imperial constitutions) 1. Codex or Code (collection of imperial constitutions) 2. Digest of Pandects (selections from classical jurists) 2. Digest of Pandects (selections from classical jurists) 3. Institutes (textbook of elementary rules) 3. Institutes (textbook of elementary rules) 4. Novels or Novellae (later constitutions) 4. Novels or Novellae (later constitutions)

16. GERMANIC LAWS Laws adopted (5th-9th c.) after the Germanic invaders of the Roman Empire had created their governments Laws adopted (5th-9th c.) after the Germanic invaders of the Roman Empire had created their governments Leges barbarum incorporated much of the older Germanic customary law Leges barbarum incorporated much of the older Germanic customary law Largely concerned with penal law and composition for personal injuries Largely concerned with penal law and composition for personal injuries Some of the codes - strong Roman influence Some of the codes - strong Roman influence

17. Composition In primitive and medieval law, prevention of retribution for acts of violence by payment of money to injured person or his family In primitive and medieval law, prevention of retribution for acts of violence by payment of money to injured person or his family Marks transition from vendetta system to system of criminal law where socially dangerous acts are concern of the state rather than of a family unit Marks transition from vendetta system to system of criminal law where socially dangerous acts are concern of the state rather than of a family unit Old English wergild: payment made by a murderer to the victim’s family Old English wergild: payment made by a murderer to the victim’s family

18. CANON LAW In the Roman Catholic Church, law of the church courts, based on legislation of councils, popes and bishops In the Roman Catholic Church, law of the church courts, based on legislation of councils, popes and bishops Based on Roman law Based on Roman law

19. Re-Emergence of Roman Law in the West C. 1050 jurists rediscovered Roman law, namely the compilations of Justinian, especially his Digest C. 1050 jurists rediscovered Roman law, namely the compilations of Justinian, especially his Digest Scholars known as glossators, and later as commentators, interpreted the compilations and generated an influential body of literature that came to be known as the jus commune or common law of Europe Scholars known as glossators, and later as commentators, interpreted the compilations and generated an influential body of literature that came to be known as the jus commune or common law of Europe

20. THE UNIVERSITY OF BOLOGNA The oldest university in the world (1088) The oldest university in the world (1088)

21. THE UNIVERSITY OF BOLOGNA Students who studied Roman law in Bologna found that many rules of Roman law were better suited to regulate complex economic transactions than customary rules; Roman law was re-introduced into legal practice Students who studied Roman law in Bologna found that many rules of Roman law were better suited to regulate complex economic transactions than customary rules; Roman law was re-introduced into legal practice

22. Sixteenth century The rediscovered Roman law dominated legal practice in most European countries. The rediscovered Roman law dominated legal practice in most European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom

23. ENGLAND AND ROMAN LAW The English legal system absorbed few elements of Roman law: The English legal system absorbed few elements of Roman law: 1. English legal system – more developed than its continental counterparts when Roman law was rediscovered (Henry II: 1154-1189) 1. English legal system – more developed than its continental counterparts when Roman law was rediscovered (Henry II: 1154-1189) 2. Roman law - associated with the Holy Roman Empire and the Roman Catholic Church - unacceptable in England (The Act of Supremacy 1534) 2. Roman law - associated with the Holy Roman Empire and the Roman Catholic Church - unacceptable in England (The Act of Supremacy 1534) English common law developed in parallel to Roman-based civil law English common law developed in parallel to Roman-based civil law

24. THE FRENCH CIVIL CODE The practical application of Roman law came to an end when national codifications were made The practical application of Roman law came to an end when national codifications were made In 1804, the French civil code came into force In 1804, the French civil code came into force In the 19th century, many European states adopted the French model or drafted their own codes In the 19th century, many European states adopted the French model or drafted their own codes

25. Summary Law of the Twelve Tables (449 BC) Law of the Twelve Tables (449 BC) Corpus juris civilis (529-35) Corpus juris civilis (529-35) Germanic customary law (5th-9th c.) Germanic customary law (5th-9th c.) Canon law Canon law University of Bologna (1088) University of Bologna (1088) Glossators Glossators Napoleonic Code (1804) Napoleonic Code (1804)