The sources of Roman law.

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2018-03-18 03:20:46

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The oldest extant Roman sources of law — the laws issued by the Roman kings. One of the most important laws of the time considered to be the laws of the twelve tables. This historical document scholars date to the middle of V century BC, while Roman law was already clearly separated from religious dogma.

In the year 367 BC Civili CECs issued a law that was first introduced such a position as praetor. The praetor was elected annually, and candidates for this position were mostly Pretoria edicts. The person elected to the position of praetor, could, to the extent necessary, to Supplement the sources of law, and the discretion to recognize obsolete laws inconsistent with the current needs of society.

An expression Such as “the sources of Roman law", can be used to indicate sources of knowledge of law at that time. These sources include documents of the legal order, for example, modifikacija issued by the Emperor Justinian, and the works of jurists and especially the writings of Roman historians: Tacitus, Ammianus Marcellinus, Livy. Also of great interest for science represent such sources of Roman law, as the works of orators, writers and philosophers of antiquity.

An Important source of study of Roman law are extant inscriptions on stone, wood and bronze (“Herakleian table"), on the walls of the buildings (inscriptions, discovered during excavations of Pompeii), etc. since the second half of the XIX century inscriptions began to publish in the publication of “Corpus inscriptionum latinarum" uniting and sistematizirovany available historical documents. The sources of Roman law were studied, and since Roman law was the basis of civil law in many European countries, it is only natural that their sources become the object of study for the jurists of the time.

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The oldest source of law in Rome is considered to be a set of legal customs and norms. Modern theory of law the term “legal practice” understands the rule of conduct, which was formed as a result of its prolonged use and recognized by the state and society as binding rules.

The Above symptoms are typical for legal custom in Ancient Rome. A famous Roman jurist Julian talked about the limitations of the use of a custom, and acquiescence to its use.

The rules of the Roman law included the traditions of their ancestors; common practice; the customs of the priests; the customs which prevailed in the practice of magistrates. Customary law existed in Rome in the Imperial period, is called by the term “consuetude”.

In Rome, the common law long period of time played a significant role in settling social relations. Legal customs and norms recognized by the state and society on a par with laws.

In Addition to the common law in the ancient period in Roman society in the sources of law applied the law. Initially, such laws were various pieces of legislation that have traditionally taken people's Assembly and approved by the Senate.

When simultaneous coexistence of legal traditions and laws in society, the question arises on how correlated between these sources of Roman law?

The inhabitants of Ancient Rome was no doubt that any law could be repealed by legal custom. Lawyers of that time also believed that the long legal tradition may, if necessary, to repeal the law.

The Sources of Roman private law carefully studied by modern historians, and their study has long adopted the scale of individual branches of science.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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