Periodization of Roman law, stages of evolution

Evolution, the periodization of Roman law - the initial concepts in the study of legal disciplines, since it is Roman law that has acquired universal value. This is due to the fact that it was transformed from the arches of the traditions of one people into a universal code of laws of the ancient world. Periodization of Roman law makes it clear how this happened. It will be discussed later.

Archaic period

Periodization of sources of Roman law:

  • Unwritten right.
  • Traditions of ancestors, customs.
  • The royal laws.

In 510, the king (rex) was overthrown, the republic was established, consisting of free citizens (civis). Hence the name "civil law", that is, free.

Pre-classical period: the first codification

The codification periodization of Roman law begins with the first set of "Laws 12 tables." The struggle of freedom-loving plebeians and patricians in Rome led to the appearance in BC 451 BC. E. The first laws in Rome. Of course, no one deliberately invented them, all the norms existed earlier in the form of different traditions, but the patricians were against, as this deprived them of various arbitrariness in the society. Now all relationships are fixed legally.

"Laws 12 tables" prepared a special commission of the Decemvirs, which for a year worked on them.

The code represented, rather, incorporation, mixed norms: property, procedural, criminal and even some police rules. But despite this, the structure was subject to them: first there were procedural norms, then there were tables with the contents of the norms of family relations, the eighth - criminal norms, the tenth limited the splendor at funeral rites, which suggests that for Roman society this was a whole problem, and Etc.

This code served as a model for the future codification of laws, as it had laconism and clarity.

The periodization of Roman private law also originates from here. "Laws of 12 tables" for the first time recorded private property, which was protected under pain of death, and legalized slavery.

Periodization of Roman law: presentation of pontific legal knowledge

Pontiffs are not just priests of Rome, they are, rather, the first lawyers providing citizens with advice. They drafted lawsuits and interpreted the laws. No acts, except for the provisions fixed in the "12 tables", had no legal force.

Pontiffs had a monopoly on clarifying the legal norms from the arch, since all the archives were in the temple of Saturn. They could also officially explain the application of norms and formulations to other situations not prescribed in the law. In other words, they actually fulfilled the modern functions of the colleges of the Supreme Court in our country.

Separation of the judiciary

Judicial periodization of Roman law dates back to 367 BC. E. With the adoption of the law, initiated by the tribune Licinius Stolon. According to him, one of the two consuls (the highest office) must now be chosen from the plebeians. Dissatisfied patricians lost their monopoly on the supreme power in the state. As a "consolation prize," they achieved a new position for themselves - the city praetor, the consulship assistant, who specialized in justice. This means institutional allocation of new power - judicial.

Duties of the praetor

Pretor enjoyed great power in the city, he followed the economic life, trade operations, carried out justice.

Of course, his activities had to be based on existing laws, but very often his decisions were at odds with them. Sometimes our modern judicial decisions also do not lend themselves to any explanation. Different judges today, like then, make the opposite decisions for similar cases.

Periodization of Roman law includes an important event - the Law of Hortense, dated 287 BC. E. On it all decisions of the plebiscite are to be performed by all citizens. There is an original allocation of a legislative body in the Roman Republic. Now the plebeians formally had a more privileged position, since the decision of their representative body is obliged to do everything. The Patricians did not have the right to pass laws. The plebeians had privileges in their posts, since they were given access to all while maintaining the class exclusivity of plebeian magistracies.

The emergence of the "right of nations" and the final allocation of Praetorian law

Periodization of the history of Roman law in the pre-classic period distinguishes along with civilized Praetorian law with the formation of the so-called law of nations. Rome, defeated Carthage and conquered all of Italy, began to expand its borders around the world. There were no more forces capable of stopping his colonization.

The difference between Roman law - flexibility, adaptation to new realities. New peoples have an individual legal system, culture, traditions. It was impossible to unify the whole world under the laws of one city.

In these conditions occurs in 242, the allocation of a special post of praetor, ensuring order in the relationship between Roman citizens and pelegrans (strangers).

Judicial powers were assigned to a private judge, who must conduct the process according to a special formula (per formulas). In addition to the formulas (processes), edicts were established, in which it was announced which legal relations would be protected during the period of the praetor's office. In other words, procedural norms were created, as well as specific subordinate acts by a specific person. The new praetor retained the previous edicts, but could also create new edicts. Succession was optional.

Pretor could not contradict the "12 tables" and other laws of the plebiscite and the senate, but even the modern developed legal system makes it clear that it is impossible to prescribe all the provisions in the codes. Every legal matter is an individual process with its own nuances. Roman law with limited legal burrows, the sources of which were "12 tables", plebiscite decisions and some provisions of the senates could not cover all aspects of life. Complicated the situation of "the right of peoples" with the expansion of Roman influence on other territories.

All this gave praetors the opportunity to make their own decisions on controversial and controversial issues. But their own laws were not actually legitimate. The judicial precedent was not considered a source of law. Everything changed with the adoption of the Ebution Law in the second half of the second century. BC. E. He legalized the legal initiatives of judicial magistrates.

With the advent of praetor law, the protection of private property rights is formalized in the final form, as a number of claims to judicial magistrates have been sent for property cases. That is why a special praetor was chosen who was engaged in economic disputes between the citizens of Rome and pelegrines.

Periodization of the development of Roman law includes an important stage - the adoption of the laws of Augustus in 17 BC. E., on which it was canceled the creation of their own formal edicts of each new praetor. All processes after that were unified, and the legal system underwent a modification, and most importantly, systematization.

This was necessary, since Rome as a state was a huge tool. Every year, changing laws and procedural forms only worsened trade operations and administrative control. While pelegrin managed to get to the remote province, laws have already changed. Rapid flexibility and constant change of laws are necessary in the conditions of a small state. When creating a large empire, on the contrary, it is necessary to preserve and unify all processes.

Features of the classical period

Further, the periodization of Roman law includes the era of the classical period. In 27 BC the principate is formed in Rome. All sources of law are concentrated only in the hands of the emperor through the constitution (constitutionis principium). All of them solved the current problems of the state and were divided into 4 forms:

  1. Edicts are general laws.
  2. Decrees - decrees on specific problems.
  3. Rescripts - interpretation of difficult questions.
  4. Mandates - job descriptions to officials.

Features of the development of law in the postclassical period (284-476 AD)

The periodization of Roman law ends with a post-classical period. This is the era of the final decline of jurisprudence and the work of lawyers. If in the classical period, their law-making was associated with interpretation, the improvement of the imperial constitutions, then in the postclassical period they turned into ordinary officials.

There is a new periodization of Roman law, connected with the division of Rome into a Western empire, later captured by the barbarians, and the Eastern one.

The development of law is connected with the emperor of the Eastern Roman Empire Constantine, who organized a commission of lawyers. Within 5 years they created 3 parts of the codification:

  1. Institutions are official guides for established law schools.
  2. Dagestas - a collection of all the works of Roman lawyers.
  3. Code - a collection of imperial laws (constitutions).

During the Justinian period , the code was brought to perfection, which included novels - the Constitution of Justinian (hence the term "justice").

Periodization and main stages of the evolution of Roman law

  1. Archaic period (753-451 BC) - the reign of seven kings. Main sources: precedents or unwritten law, tsarist laws, traditions.
  2. The development of civil law (451-449 BC) - the creation of "Laws XII tables," the monopoly of the pontiffs on the interpretation of law.
  3. The pre-classical period (3-1 centuries BC) was the appearance of praetor law and the formation of the "right of nations".
  4. The classical period (27 BC - 284 AD) - the only source is the constitution of the emperor.
  5. Postclassical (from 284 AD) - the decline of law in Western Rome, the codification and flowering of jurisprudence in Byzantium.

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