Roman law, the legal system of Rome from the supposed founding of the city in 753 B.C. to the fall of the Byzantine Empire in A.D. 1453; it was later adopted as the basis of modern civil law civil law, as used in this article, a modern legal system based upon Roman law , as distinguished from common law . Civil law is based on written legal codes, a hallmark of the Roman legal system, in which disputes were settled by reference to a written legal code
..... Click the link for more information. . Most authorities, however, disregard the largely static period following the reign of Justinian I Justinian I (jŭstĭn`ēən), 483–565, Byzantine emperor (527–65), nephew and successor of Justin I .
..... Click the link for more information. (527–65).

Early Roman Law

Roman law in the earliest period known is typically expressed in the Twelve Tables Twelve Tables, early code of Roman law. Most modern authorities accept the traditional date of 450 B.C., but several place the work later. The tables were supposedly written in response to the plebeians' protest that the patrician judges were able to discriminate
..... Click the link for more information. with their marked formalism. The usual early procedure was also stereotyped; it was the legis actio, a form of charge and denial the words of which had to be followed exactly by the parties at the risk of losing the suit. Exact knowledge of the words constituting the legis actiones was limited to a body of patrician priests, the College of Pontiffs. The reduction of these forms to writing (c.250 B.C.) was a victory for the plebeians and a step in reducing the religious and formal element in the law. Soon the primary source of law became the lex (plural leges), a statutory enactment that was proposed by a magistrate and accepted by a popular assembly. Among the assemblies empowered to enact leges was that of the plebeians.

Expansion and Development

In the late 3d cent. B.C., Roman law could no longer limit itself to the inhabitants of the republic but was forced to take account of the surrounding non-Roman peoples. Thus, to the jus civile, which governed relations among the Romans and those admitted to Roman status, was added the jus gentium, the law applied in dealings with a foreigner. The jus gentium incorporated much of the highly developed commercial law of the Greek city-states and of other maritime powers. Such provisions, being better adapted to Rome's expanding economic needs than the unyielding provisions of the jus civile, in time tended to be applied universally.

The development of new principles was especially vigorous after c.100 B.C., an important source being the jus honorarium, i.e., the law of the praetors (chief magistrates). On assuming office the praetor announced the principles, sometimes novel, that would govern his decisions. The praetors also contributed greatly to making practice more flexible. In place of the legis actiones, they often used the formulary system. A formula, like a legis actio, was a device for determining the issue between the parties; but instead of being a mere interchange of prescribed speeches, it provided a structure for discussing the actual dispute. Whichever method was used, when the nature of the dispute was agreed upon, the parties brought their case before the judex, a private functionary, who considered the evidence and gave judgment.

Under the Empire

After the establishment of the empire, the development of law largely passed from the praetors (the practice of issuing new edicts ended c.A.D. 125) and from the popular assemblies into the hands of the emperors, sometimes operating through the senate. Various types of imperial enactments called constitutions were issued in abundance.

Legal problems attained great complexity, and the aid of a specially trained class of scholars was enlisted for their solution. Those jurists with a special license from the emperor could write responsa to guide the judges in deciding cases. Most prominent among the jurists was Papinian Papinian (Aemilius Papinianus) (pəpĭn`ēən), d. 212, Roman jurist.
..... Click the link for more information. ; his work, with that of Gaius Gaius (gā`əs, gī`–), fl. 2d cent., Roman jurist. He is known for the Institutes (repr., 2 vol., 1967; Vol.
..... Click the link for more information. , Modestinus Modestinus, Herennius (hərĕn`ēəs mŏdəstī`nəs), fl. c.A.D. 250, Roman jurist; student of Ulpian.
..... Click the link for more information. , Paulus Paulus (Julius Paulus) (pôl`əs), fl. c.200, Roman jurist. He was extremely prolific and is thought to have written some 300 books.
..... Click the link for more information. , and Ulpian Ulpian (Dometius Ulpianus) (ŭl`pēən), d. 228, Roman jurist. He was a member of the council of the jurist Papinian.
..... Click the link for more information. , attained the highest authority. The employment of jurists was a step in making the whole of Roman procedure official; in this process the institution of judex was abolished and the trial placed entirely in the hands of a judge.

By the early 4th cent. most branches of Roman law were fully developed. The system was generally responsive to legal needs and allowed sufficient variety to meet local customs. A grave disadvantage of the system, however, was that the vast corpus of legal matter included much that was confused, contradictory, or redundant; reduction to code code, in law, in its widest sense any body of legal rules expressed in fixed and authoritative written form. A statute thus may be termed a code. Codes contrast with customary law (including common law ), which is susceptible of various nonbinding formulations, as in
..... Click the link for more information. form was required. The Theodosian Code Theodosian Code (thē'ədō`shən), Latin Codex Theodosianus,
..... Click the link for more information. (438), the earliest attempt, was followed by the Breviary of Alaric Breviary of Alaric (ă`lərĭk)
..... Click the link for more information. (506). Finally the task was accomplished with the culminating work of Roman legal scholarship, the Corpus Juris Civilis Corpus Juris Civilis (kôr`pəs j
..... Click the link for more information. (completed 535) under the direction of Tribonian Tribonian (Tribonianus) (trĭbō`nēən), d. 545?, Roman jurist.
..... Click the link for more information. .

Continuing Influence

After the mid-6th cent., Roman law persisted as a part of the Germanic laws Germanic laws, customary law codes of the Germans before their contact with the Romans. They are unknown to us except through casual references of ancient authors and inferences from the codes compiled after the tribes had invaded the Roman Empire.
..... Click the link for more information. and was in effect in the Byzantine Empire Byzantine Empire, successor state to the Roman Empire (see under Rome ), also called Eastern Empire and East Roman Empire. It was named after Byzantium, which Emperor Constantine I rebuilt (A.D. 330) as Constantinople and made the capital of the entire Roman Empire.
..... Click the link for more information. . Revival of classical studies during the Renaissance prepared the way for the partial resurrection of Roman law as the modern civil law in a large part of the world. The jus gentium is perhaps the most widely represented in modern legal systems, for it is the basis of commercial law commercial law, the laws that govern business transactions, except those relating to the maritime transportation of goods (see maritime law ). Commercial law developed as a distinct body of jurisprudence with the beginning of large-scale trade.
..... Click the link for more information. even in those countries that follow common law common law, system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local
..... Click the link for more information. .

Bibliography

See W. W. Buckland, A Text-Book of Roman Law from Augustus to Justinian (3d ed. 1964); H. J. Wolff, Roman Law (1976); T. Honore, Emperors and Lawyers (1982); J. A. Crook, Law and Life of Rome (1984); D. Earl, The Moral and Political Traditions of Rome (1984); B. W. Frier, The Rise of the Roman Jurists (1985).

Roman law

Law of the Roman Republic and Empire. Roman law has influenced the development of law in most of Western civilization. It dealt with matters of succession (or inheritance), obligations (including contracts), property (including slaves), and persons. Most laws were passed by assemblies dominated by the patrician families, though the rulings of magistrates were also important. Later emperors bypassed these forms and issued their own decrees. The interpretations of jurists also came to have the weight of law. Though various attempts were made to gather and simplify existing laws (beginning with the Law of the Twelve Tables), by far the most successful effort was that of Justinian I, whose code superseded all previous laws and formed the Roman Empire's legal legacy (see Code of Justinian). Roman legal procedure is the basis for modern procedure in civil-law countries. In the early Republic, the plaintiff was required to call the defendant to court or to bring him by force. A magistrate then decided whether the case should go before a judex, or prominent layman. The judex heard arguments from advocates and questioned witnesses; he made a decision but had no power to execute it. In the later Republic, much greater power was placed in the hands of the magistrates and courts: the summons was issued by the court, the trial was held only before a magistrate, and the court became responsible for the execution of the sentence.