Ancient Rome Legal Systems

After some resistance from the patricians, a committee produced 12 bronze tablets, which together contained the first law of Rome. This code, known as the Twelve Tables, contained important legal terms such as: From the reign of Hadrian, the judgments and declarations of the emperor were collected in the constitutions of the emperor or in the principles of the emperor. In addition, the Senate could also enact regulatory provisions (senatus consulta), for example on public gambling or women`s property rights. The right of status established by the people through public assemblies (comitia) could be rare, but could also contribute to the body of law, but was usually limited to ceremonial matters such as the decision on posthumous honors to be granted to the children of emperors who died too soon. The surviving fragments show that it was not a code of law in the modern sense of the word. It has not provided a complete and coherent system of all applicable legal rules or solutions for all possible cases. Rather, the tables contained specific provisions to amend the customary law that existed at the time. Although the provisions cover all areas of law, most of them are devoted to private law and civil proceedings. Roman law was cumulative in nature, i.e. a new law could be added to the whole law or replace an earlier law. Statutes (leges), referendums, senate decrees (decreta), settled cases (res iudicatae), customs, edicts (senatusconsulta) of the emperor, magistrates or other high officials such as praetors and aedils could all be sources of Roman law. Roman law was established by a variety of means, such as statutes, magisterial decisions, imperial decrees, senate decrees, assembly votes, referendums and deliberations of expert legal advisers, and thus became sufficiently multifaceted and flexible to cope with the changing circumstances of the Roman world, from republican to imperial politics, from local to national trade, and from one state to another. intergovernmental policy.

Students who taught Roman law in Bologna (and later in many other places) found that many rules of roman law were better suited to regulating complex economic transactions than the usual rules that applied throughout Europe. For this reason, Roman law, or at least some of its borrowed provisions, began to be reintroduced into legal practice centuries after the end of the Roman Empire. This process was actively supported by many kings and princes who employed university-trained jurists as court advisors and officials, and tried to take advantage of rules such as the famous Princeps legibus solutus est (“The ruler is not bound by laws”), a term originally coined by Ulpian, a Roman jurist. Roman self-identification among the Greeks did not begin to lose ground until the Greek War of Independence, when several factors raised the name “Hellene” to replace it. These factors included that names such as “Hellene,” “Hellas,” and “Greece” were already used by other European nations for the country and its people, the absence of the ancient Byzantine government to strengthen Roman identity, and the term Romioi, which was associated with the Greeks who were still under Ottoman rule, and not with those who actively fought for independence. Thus, in the eyes of the independence movement, a Hellene was a brave and rebellious freedom fighter, while a Roman under the Ottomans was an inactive slave. [152] [153] The new Hellenic national identity focused heavily on the cultural heritage of ancient Greece rather than medieval Byzantium, although adherence to Orthodox Christianity remained an important aspect of Greek identity. [154] An identity reoriented towards ancient Greece also had an international impact in favor of Greece.

In Western Europe, the Greek War of Independence was widely supported because of philhellenism, a sense of “civilizational guilt” towards the world of classical antiquity, rather than a genuine interest in the modern country. Although modern Greeks resembled medieval Byzantines more than ancient Greeks, public interest in the revolt elsewhere in Europe depended almost entirely on sentimental and intellectual ties to a fictionalized version of ancient Greece. Similar uprisings by other Balkan peoples against the Ottomans, such as the first Serbian uprising (1804-1814), had been almost completely ignored in Western Europe. [155] Appointed for a one-year term, lenders have become increasingly powerful judicial officials.

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