Foundations and Principles of Roman Law

Roman Law

Roman Law represents the legal system developed by the Roman people throughout their history. It comprises institutions created by the Roman people to address the situations encountered in the daily lives of citizens within their territory. This legal system is deeply connected to the core aspects of Roman life.

During imperial times, the Ius Civile Romanus was formed by new laws emerging from the emperors through their constitutions. It was in the sixth century AD when Emperor Justinian I collected the works of previous jurists (jurisconsults) in the Corpus Iuris Civilis. This led to Roman law being identified with the laws contained in the works commissioned by Justinian (Digestum, Codex, Novellae, Institutiones). It's important to note that Emperor Justinian's activity involved collecting the remaining and fragmented works of authoritative classical jurists, while also adapting the law to the changing needs of the time through necessary deletions, corrections, and amendments (known as interpolations) considered relevant.

Characteristics of Roman Law

• Roman citizens valued law and sought practical solutions to problems as they arose.
• Roman law featured relatively scarce legislation but possessed strong, established legal structures developed through the works of jurists.
• Jurists were characterized by their brilliant use of common sense and reason, solving problems without resorting to overly complex or convoluted solutions.
• The Romans valued individual freedom and autonomy, defining law partly as "self-discipline."
• Restraints on individual liberty were imposed when necessary for the common interest.
• It was rooted in the traditions of the Roman people, expressed through ancestral customs (mos maiorum), which promoted respect for established political authority, religion, and the paterfamilias.
• It incorporated highly valued concepts such as pietas (piety/duty), humanitas (humanity), fides (loyalty/good faith), amicitia (friendship), officium (duty/office), and aequitas (equity/fairness).
• It comprises definitions, classifications, concepts, and principles essential for understanding its institutions.
• Case law (res iudicata) held value and relevance, grounded in principles of goodness and fairness (bonum et aequum).