Roman law - the basis for law codes of most countries

Roman law - the basis for law codes of most countries

Roman law of ancient Rome has affected the development of law in most Western civilisation and parts of the East.

It is the foundation for law codes of most countries of continental Europe (civil law) and derivative systems elsewhere.

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  1. The first consisted of leges or enactments of one of the assemblies of the whole Roman people.
  2. The dicta (edicts) or proclamations were issued by a superior magistrate (praetor) on judicial matters.
  3. The senatus consulta were resolutions of the Roman senate. They carried no legislative force during the republic but could be given power by the magistrates' edicts.
  4. The constitutiones principum were expressions of the legislative power of the emperor. 
  5. The responsa prudentium were answers to legal questions by leaned lawyers.
  • Civil law (jus civile) developed during the Roman republic (753-31 BCE). The law was based on custom or legislation and applied only to Roman citizens. Foreigners had no rights unless they were protected by some treaty between their state and Rome.

  • By the mid 3rd century BCE, international law (jus gentium) was formed by the Romans and applied to themselves and foreigners. This law was developed by the magistrates and governors who were responsible for administering justice where foreigners were involved.

The Romans divided their law into written and unwritten law. 

  • Written law (jus scriptum) means laws gathered from legislation and laws based on a written source.
  • Unwritten law (jus non scriptum) means custom.

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The foundation legends of Rome
  • One legend is that Ancient Rome was founded on 21 April 753 BCE by two brothers and demigods, Romulus and Remus. But Romulus killed Remus in an argument of who should rule and then named the city after himself.
  • Another legend is that the city was named after Roma, a woman. The fall of Troy caused the survivors to move on. When they landed on the banks of the Tiber River, Roma and other women objected to moving on.
  • Others think the city came from Rumon, the name for the Tiber River.
Children as objects

It took thousands of years for the European culture to realise that a child is not an object but a human being.

Jean-Jacques Rousseau wrote in Emile, or On Education (1762), that "nature wants children to be children before they are men." He did not see children as humans but appealed to parents to look after their offspring. However, he did not take his own ideas to heart and abandoned his offspring at birth.

The ancient city of Rome

About 2,000 years ago, the city of Rome was central to the empire that stretched from Scotland to Syria.

Rome ruled over 45 million people across Europe, North Africa and Asia.

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