Roman and Visigothic Legal Systems: Evolution and Key Features

Effective Areas of Roman Law

• Personal Law: Rules governing individuals wherever they are.
• Territorial Law: Governs a territory regardless of the inhabitants' origin.

Features of Romanization

1. The law has its own personality; Fas and Ius are separated.
2. Roman law went through several stages: Archaic, Pre-Classic, Classic, and Post-Classic.
3. Its scope followed personal criteria (e.g., Ius Civile, Ius Commercii).
4. Its structure is pluralistic.
5. Governed relations that arose within society.
6. Utilized an inductive method or casuistry.

Expansion Stages of Roman Law in the Peninsula

1. First Stage: Reduction of public law upon arrival.
2. Second Stage: Late Republic and Early Empire.
   • Augustus Caesar granted citizenship to certain minorities and facilitated the liberation of some towns and colonies.
   • During the reign of Vespasian (74 AD), Latin rights were granted to all residents. Latinos who held municipal magistracies (annual) would be granted citizenship at the end of their term, along with their families.
   • In the 3rd century AD, Caracalla granted citizenship to all inhabitants of the empire.

Post-Classical Roman Law

Structure of Post-Classical Roman Law:

• Ius (Jura): Inherited from classical Roman law.
• Lex (Leges): Regulations issued by later emperors.

Canon Law

Formation of Canon Law:

• Resolutions from council meetings.
• Provisions issued by the Roman Pontiff, known as decretals.
• Popularization process of the law.

Legal Bodies of the Visigoths

• Euric's Code (Codex Euricianus): Transmitted in an incomplete and difficult-to-read codex. It contains standards written in Southern Gaul, attributed to King Euric (470-480 AD), and aimed to address conflicts in Gaul.
• Lex Romana Visigothorum (Breviary of Alaric): Promulgated by Alaric II in 506 AD, also known as the Roman Law of the Visigoths. It is written as a breviary of Alaric II and contains pure Roman law.
• Codex Revisus: King Leovigild revised the Lex Romana Visigothorum.
• Lex Visigothorum (Liber Iudiciorum): The final legal body of the Visigoths, detailing recent laws imposed by the monarchs. It was enacted by King Recceswinth in 654 AD.

Definitions

• Municipalities: Existing towns whose institutions were Romanized.
• Colonies: Population centers established by the Romans.