In Medieval times (from about the 11th century onward) there was a renewed
interest in the law of the Romans. Initially, Roman Law was only studied
by scholars and taught at the universities, Bologna being the first place
where Roman Law was taught. Soon Roman Law came to be applied in legal
practice--especially in the area of civil law. This process of (re-)
adoption (reception) of Roman Law occurred at varied times
and to various extents across all of Europe (England
being the most important exception). Thus from about the 16th century
onward, Roman Law was in force throughout most of Europe. However,
in the process of adoption/reception many Roman rules were amalgamated
with, or amended to suit, the legal norms of the various European
nations. Thus, Roman rules, applied in Europe at this period, were by no
means identical with Roman Law from antiquity. Nonetheless, because the
law that had evolved was common to most European countries, it was called
the Ius Commune (common law).
In the form of the Ius Commune, Roman Law was in force in many
jurisdictions until national codes superseded these rules in the 18th and
19th centuries. In many regions of the German Reich, Roman Law remained
the primary source of legal rules until the introduction of the German
Civil Code in 1900. Even today a special branch of the Ius Commune, known
as Roman-Dutch Law, is the basis of the legal system in the Republic of
South Africa.
To what extent did Roman Law influence the English legal
system?
England did not adopt Roman Law as the
other countries in Europe had. In England, ancient Roman
texts were never considered as rules having the force of law.
Nonetheless, Roman Law was taught at the Universities of Oxford and
Cambridge, just as it was taught at Bologna. Scholars,
who had studied Roman Law on the Continent (the so-called Civilians),
did have considerable influence on the development of certain areas of
law. Some substantive rules, and more importantly concepts and ways of
reasoning, developed by continental legal scientists, based on the Roman
legal tradition, influenced the English legal system.
What does the term, Classical Roman Law, mean?
The Romans were the first people to make law into a science. During the
first two centuries of the Common Era, Roman legal science was the most
fertile. This age is called the classical period of Roman Law, because
the law during this time period, as it was taught and practised, best
exemplified the classic characteristics of the Roman legal tradition.
How do we know about Roman Law ?
A rich variety of written documents concerning Roman Law during antiquity
has come
down
to us including: statutes, deeds and the writings of legal
scholars. The
most important text among all these is the Corpus Iuris
Civilis. In addition to the Corpus Iuris, the Institutes of Gaius
from the middle of the second century of the Common Era must be
mentioned; these Institutes constitute a beginners' textbook on Roman Law.
What is the Corpus Iuris Civilis?
In the sixth century A.D., the Eastern Roman Emperor,
Justinian (Iustinianus), ordered the compilation of several law codes.
These codes were based on much older sources of law, mostly statutes and
legal writings from the classical period. They
were:
Justinian had planned to add another collection to these three: a
collection of new pieces of legislation which had come into force
after the compilation of the Code (novellae constitutiones).
This plan was never realized. There exists today only
private collections of these novellae constitutiones. These form,
together with the three codes, the Corpus Iuris Civilis.
The Corpus Iuris is by far the most important written source of Roman Law that
has come down to us. The texts transmitted therein constituted the basis
of the revival of Roman Law in the Middle Ages. As
well, most of the insights gained by modern research on Roman legal
history are owed to the analysis of texts from the Corpus Iuris.
What is the Gloss?
When the Medieval scholars started to study the old texts of the Corpus Iuris again, they first wrote explanations
concerning the meaning of single words in the texts (glosses). Based on
earlier works of this kind, at the beginning of the 13th century, Accursius of Bologna, wrote a collection of
such glosses to the texts of the Digest and the Code. This seminal work
destined previous piecemeal attempts to oblivion. It was simply called
The Gloss (glossa ordinaria) and all further elaboration of the
Ius Commune proceeded from Accursius' gloss.
Most important of all, Roman Law will have great significance
in regard to the formation of uniform legal rules which further the
process of political integration in Europe. Roman Law is the common
foundation upon which the European legal order is built. Therefore, it can
serve as a source of rules and legal norms which will easily blend with
the national laws of the many and varied European states.
There is a large body of literature on Roman Law. These suggestions are
therefore by necessity somewhat arbitrary.
A translation of the Institutes:
A translation of the Digest:
A textbook for beginners:
Where can I get more information about Roman Law?
On the Net
Books
J.A.C Thomas: The Institutes of Justinian, Text, Translation, Commentary,
1975.
A. Watson: The Digest of Justinian, text and translation, Philadelphia
1985.
J.A.C. Thomas: Textbook of Roman Law, 1976.
I am very grateful to Prof. Stephen Ross Levitt, Legal Studies, Nova
Southeastern University
<levitts@polaris.acast.nova.edu> who helped me translate this FAQ into English.
I plan to add more information to this page from time to time. So if you have any suggestions, corrections
or further questions write to me.