About Rome

我估你是想問: Why do the Roman create the Roman law? 為何羅馬人會產生法律?

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Roman law is the legal system of ancient Rome. The development of Roman law covers more than one thousand years from the law of the twelve tables (from 449 BC) to the Corpus Juris Civilis of Emperor Justinian I (around 530). Roman law as preserved in Justinian's codes became the basis of legal practice in the Byzantine Empire and—later—in continental Europe.

Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. In some countries like Germany the practical application of Roman law lasted even longer. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. This is especially true in the field of private law. Even the English and North American Common law owes some debt to Roman law although Roman law exercised much less influence on the English legal system than on the legal systems of the continent The influence of Roman law is shown by the wealth of legal terminology, retained by all legal systems, like stare decisis, culpa in contrahendo[1] or pacta sunt servanda.

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Important concepts of Roman law

* Jus Civile, Jus Gentium, and Jus Naturale
The Jus Civile ("Citizen law") originally (Jus civile Quiritium) was the body of common laws that applied to Roman citizens and the Praetores Urbani (sg. Praetor Urbanus) were the individuals who had jurisdiction over cases involving citizens.

The Jus Gentium ("Law of nations") was the body of common laws that applied to foreigners, and their dealings with Roman citizens. ...

Some Roman jurists introduced Jus naturale as a further category. It encompassed natural law, the body of laws that were considered common to all beings.



* Jus Scriptum and Jus Non Scriptum
The terms Jus Scriptum and Jus Non Scriptum literally mean written and unwritten law, respectively. In practice, the two differed by the means of their creation and not necessarily whether or not they were written down. ...



* Jus Publicum and Jus Privatum
Jus publicum means public law and ius privatum means private law, where public law is to protect the interests of the Roman state while private law should protect individuals. ...



* Jus Commune and Jus Singulare
Jus singulare (singular law) is special law for certain groups of people, things, or legal relations (because of which it is an exception from the general principles of the legal system), unlike general, ordinary, law (Jus commune). ...



* Rights of the people (status)
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* Roman litigation
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More information can be found from the cited reference.