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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]].

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]].

Roman Law begins with the Law of the [[Twelve Tables|XII Tables]], the first important piece of legislation in the early [[Roman Republic|Republic]], dating from the middle of the 5th century BC. According to Roman historians, the plebeian tribune C. Terentilius Arsa proposed that the law should be written down in order to prevent it from being applied discriminatively by the patrician magistrates.<ref name=tellegen>"A Short History of Roman Law", Olga Tellegen-Couperus p. 19-20</ref> After 8 years of struggle the plebeians convinced the patricians to send a delegation to [[Athens]] to copy out the [[Solonian Constitution|Laws of Solon]]. In addition, various delegations were sent to other cities in [[Greece]] in order to find about their legislations<ref name=tellegen/>. In 451 BC, ten Roman citizens were chosen to record the laws (''decemviri legibus scribundis''). For the period in which they performed this task, they were given supreme political power (''imperium''), while the power of the magistrates was restricted<ref name=tellegen/>. In 450 BC, the ''decemviri'' produced of the laws on ten tablets (''tabulae''), but was regarded unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the XII Tables was approved by the people's assembly<ref name=tellegen/>.

Roman Law begins with the Law of the [[Twelve Tables|XII Tables]], the first important piece of legislation in the early [[Roman Republic|Republic]], dating from the middle of the 5th century BC. According to Roman historians, the plebeian tribune C. Terentilius Arsa proposed that the law should be written down in order to prevent it from being applied discriminatively by the patrician magistrates.<ref name=tellegen>"A Short History of Roman Law", Olga Tellegen-Couperus p. 19-20</ref> After 8 years of struggle the plebeians convinced the patricians to send a delegation to [[Athens]] to copy out the [[Solonian Constitution|Laws of Solon]]. In addition, various delegations were sent to other cities in [[Greece]] in order to find about their legislations<ref name=tellegen/>. In 451 BC, ten Roman citizens were chosen to record the laws (''decemviri legibus scribundis''). For the period in which they performed this task, they were given supreme political power (''imperium''), while the power of the magistrates was restricted<ref name=tellegen/>. In 450 BC, the ''decemviri'' produced of the laws on ten tablets (''tabulae''), but was regarded unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the XII Tables was approved by the people's assembly<ref name=tellegen/>.

Modern scholarship tends to challenge the accuracy of Roman historians. It is generally considered unlikely that a second decemvirate ever took place. The decemvirate of 451 is believed to have included the most controversial points of customary law, and to have taken upon itself the leading functions in Rome<ref name=tellegen/>. Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed. It is unlikely that an official delegation was sent to Greece as the Romans believed, instead, it is suggested that Greek legislations were acquired from the Greek cities of [[Magna Graecia]], which used to act as Rome's main portal to the Greek world<ref name=tellegen/>. The original text of the XII Tablets has not been preserved. They were probably destroyed when Rome was conquered and set on fire by the [[Celts]] in 387 BC.<ref name=tellegen/>  

Modern scholarship tends to challenge the accuracy of Roman historians. It is generally considered unlikely that a second decemvirate ever took place. The decemvirate of 451 is believed to have included the most controversial points of customary law, and to have taken upon itself the leading functions in Rome. Furthermore, the question on the Greek influence found in the early Roman Law is still much discussed. It is unlikely that an official delegation was sent to Greece as the Romans believed, instead, it is suggested that Greek legislations were acquired from the Greek cities of [[Magna Graecia]], which used to act as Rome's main portal to the Greek world. The original text of the XII Tablets has not been preserved. They were probably destroyed when Rome was conquered and set on fire by the [[Celts]] in 387 BC.<ref name=tellegen/>  

A view (Jenő Szmodis, 2005) suggests that the ancient roots of the Roman Law derive directly from the Etruscan religion, which puts great emphasis on the rituality and is rather formality-centred concerning its nature. As evidence, Szmodis drafts the structure of the bi-rooted Roman culture, then it verifies its Etruscan descent through the description of certain phenomena and institutions. (J. Szmodis: The Reality of the Law - From the Etruscan Religion to the Postmodern Theories of Law; Ed. Kairosz, Budapest, 2005.; http://www.jogiforum.hu/publikaciok/231)

A view (Jenő Szmodis, 2005) suggests that the ancient roots of the Roman Law derive directly from the Etruscan religion, which puts great emphasis on the rituality and is rather formality-centred concerning its nature. As evidence, Szmodis drafts the structure of the bi-rooted Roman culture, then it verifies its Etruscan descent through the description of certain phenomena and institutions. (J. Szmodis: The Reality of the Law - From the Etruscan Religion to the Postmodern Theories of Law; Ed. Kairosz, Budapest, 2005.; http://www.jogiforum.hu/publikaciok/231)

===Rights of the people (''status'')===

===Rights of the people (''status'')===

To describe a person's position in the legal system, Romans mostly used the expression ''status''. The individual could have been a Roman citizen (''status civitatis'') unlike foreigners, or he could have been free (''status libertatis'') unlike slaves, or he could have had a certain position in a Roman family (''status familiae'') either as the head of the family (''pater familias''), or some lower ''member''.

To describe a person's position in the legal system, Romans mostly used the expression ''status''. The individual could have been a Roman citizen (''status civitatis'') unlike foreigners, or he could have been free (''status libertatis'') unlike slaves, or he could have had a certain position in a Roman family (''status familiae'') either as the head of the family (''pater familias''), or some lower ''member''.

===Roman litigation===

===Roman litigation===

Ancient Rome had no public prosecution service, like the [[Crown Prosecution Service]], so individual citizens had to bring cases themselves, usually for little or no financial reward.  However, [[politicians]] often brought these cases, as to do so was seen as a public service.  Early on, this was done by means of a verbal summons, rather than a written [[indictment]].  However, later, cases could be initiated through a written method.  After the case was initiated, a judge was appointed and the outcome of the case was decided.

Ancient Rome had no public prosecution service, like the [[Crown Prosecution Service]], so individual citizens had to bring cases themselves, usually for little or no financial reward.  However, [[politicians]] often brought these cases, as to do so was seen as a public service.  Early on, this was done by means of a verbal summons, rather than a written [[indictment]].  However, later, cases could be initiated through a written method.  After the case was initiated, a judge was appointed and the outcome of the case was decided.

[[Category: General Reference]]

[[Category: General Reference]]