Roman Law Influence on Modern Western Legal Systems

Each legal institute or concept of law is part of a system or context that gives it meaning, highlighting the fragility of historical arguments in the interpretation of the law.

The Role of Roman Law in Modern Education

To justify the place that Roman law still holds in law schools in many countries, such as Germany, Italy, or Spain, one should consider the weight of the tradition of university structures themselves, since the mere existence of corresponding faculty chairs acts as a factor of continuity.

Historical Context and Legal Reform

Countries such as Germany implemented major reforms projected to prevent the establishment of regimes that denied the basic principles of Western legal culture. Under these projects, Roman law was viewed as a possible model to avoid the "totalitarianism of the law" or "legal absolutism" in which past wrongs occurred.

Roman Law as an Antidote to Legal Absolutism

Roman law—with its doctrinal and case law, its references to the nature of things, the ius naturale, and its statistics—would serve as the antidote to such evil. It remains a significant example of a distinct legal culture, providing techniques to address legal problems through its concepts, principles, institutions, and methods of organizing legal practice.

Comparative Analysis: Roman Law vs. Current Law

Characteristics of Roman Law

• Belief in an inherent right: "It is of the nature of things that one who benefits from advantages should also suffer the disadvantages."
• Casuistry: Justice as the solution set of a particular case.
• Doctrinal jurisprudence: The law as a creation of lawyers, derived from their practical knowledge.
• Autonomy: The independent authority of jurists.
• Practical Knowledge: The law is viewed as a form of practical expertise.

Characteristics of Current Law

• Positivist-voluntarist conception: The law as a will (arbitrary or artificial) of power contained in solemn declarations (laws).
• Normativism: Justice as a general and abstract criterion; the law as a generic standard.
• Legal nature: The inherent structure of modern legal systems.
• Dependence: The legal authority of the judge as the "long arm of the law," with the lawyer acting as the executor of the law.
• Technical knowledge: Legal and technical expertise in law enforcement.
• Speculative knowledge: The law as an expression of will, a science, a set of good laws, or general principles of law.