Sources of Roman law.
The oldest surviving Romansources of law are laws issued by Roman kings. One of the most significant laws of that time is considered to be the Code of Laws of twelve tables. This historical document scientists refer to the middle of V century BC. e. At that time, Roman law was clearly separated from religious dogmas.
In the year 367 BC. e. Civil Cecks issued a law, according to which for the first time such a post as praetor was introduced. Pretor was elected every year, and candidates for this post were mostly Pretorian edicts. A person elected to the praetor's office could, if necessary, supplement sources of law and, at his own discretion, recognize outdated laws as incompatible with the contemporary needs of society.
Such an expression as "sources of Roman law",can also be used to refer to the sources of knowledge of the law of that time. Such sources include documents of a legal nature, for example, the unification issued by the Emperor Justinian, as well as works by lawyers and in particular the works of Roman historians: Tacitus, Ammianus Marcellinus, Titus Livia. Also of great interest for science are such sources of Roman law as the writings of speakers, writers and philosophers of antiquity.
Important sources of study of Roman laware the inscriptions on stone, wood and bronze ("Heracleus table"), on the walls of buildings (inscriptions found during the excavations of Pompeii), etc., which have survived to the present day, etc. Beginning in the second half of the 19th century, found inscriptions began to be published in the publication "Corpus inscriptionum latinarum", which combined and systematized the available historical documents. Sources of Roman law were thoroughly studied, and since Roman law formed the basis of the civil law of many European countries, it is only natural that its sources became the object of research for the jurists of that time.
The oldest source of law in Rome is theconsider a set of legal customs and norms. The modern theory of law under the term "legal custom" understands the rule of conduct, which was formed due to its long application and recognized by the state and society as a mandatory rule for all.
The above characteristics are also characteristic forlegal custom in ancient Rome. The well-known Roman lawyer Julian spoke of the prescription of a particular custom and the general tacit consent to its application.
Norms of Roman law included traditionsancestors; common practice; the customs of the priests; customs, which have developed in the practice of magistrates. The customary law that existed in Rome during the imperial period is called the term "consuetude".
In Rome, the customary law for a long period of time played a significant role in the settlement of social relations. Legal customs and norms were recognized by the state and society on a par with laws.
In addition to customary law in the ancient period in Romansociety used laws as sources of law. At first such laws were various legislative acts, which were traditionally adopted by the people's congresses and approved by the Senate.
With the simultaneous coexistence of legal customs and laws in society, a natural question arises as to how these sources of Roman law were related to each other.
The inhabitants of ancient Rome did not cause anydoubts that any law could be abolished by legal practice. Lawyers of that time also believed that the legal custom applied for a long time could, if necessary, repeal the law.
Sources of Roman private law are carefully studied by modern historians, and their study has long taken the scale of a particular branch of science.