Exam (elaborations)
Roman Law (1).
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Exam of 3 pages for the course ROMAN LAW at ROMAN LAW (Roman Law (1).)
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Roman LawAt best, a universal custom for how people dealt with each other, but not real law. - ANS-What
was the system before Roman Law?
No other civilizations ruled so many people with so many different languages across so much
land. Could not operate the entire empire just on shared customs. - ANS-Why did Rome have to
develop this system?
Not racial (just a legal classification).
Could become slave by being captured in battle or by pledging freedom in a business
transaction. - ANS-Roman Slavery
1) Ius Naturale
2) Ius Gentium
3) Ius Civile
a) Leges
b) Constitutiones - ANS-Roman Words for Law
The law that affects all living creatures. Something that humans cannot change (like gravity or
Newton's laws).
Later, the idea of natural law was expanded (like saying that if you can't go against the law of
nature you also can't go against the law of G-d (so, for example, anything requiring genocide
could not be law). - ANS-Ius Naturale
The law of all peoples.
The law that all civilized people follow (like good faith in contracts, no deliberate murder).
Law is not just nature, but there is a common law among civilized societies. - ANS-Ius Gentium
Positive Law - ANS-Ius Civile
1) Leges - The most desirable type of Ius Civile. Written enactments of the Roman legislature.
These laws are important because they were written and prospective. Organized by topic, not
by when adopted. Topics were organized into Codes and compiled into Codex.
2) Constitutiones - Fundamental rules for the application of the state issued by the Emperor (led
to the word "constitution"). - ANS-Types of Ius Civile
Aequitas - ANS-What happens when something happens that the Roman legislature did not
anticipate?
The police (Praetor) has the power and the obligation to punish, but not in every case.
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