Roman Law: Sources, History, and Classical Periods
Sources of Roman Law
Direct Sources
Jurisprudential books, books, and collections of laws (enseñansa). Importance of a compilation of excerpts of imperial jurisprudence and legislation, preceded by a treaty or elemental education (‘institutions’).
Indirect Sources
Illustration of the judge, but whose use is useful to the historian of law.
History of Roman Law
From the first written law testimony until the time of Emperor Justinian, when sending compose the Corpus Juris, covers a similar time evolution around one thousand years, during which it is clear that profound changes had to occur on the concept that the Romans themselves had the right in general and the particular legal institutions.
The Classical Period
The time when Roman law more perfectly reaches what we call ‘classic’ corresponds to that period during which a case matures and develops its creative work efficiency, actively involved in formulating remedies.
Early Classical Period
From 130 to 30 BC, coexisting in the old procedures, called actions of the law, the new issue of the formulas.
High Classical Phase
30 BC to 130 AD, during which the use of agere per formulas reaches almost to be exclusive.
Late Classical Period
From AD 130 to 230 that character.
The Pre-Classical Period
Which can be called archaic or pre-classic broadly in line with the period of Rome’s political history ranging from its founding until the beginning of the crisis in the Republic.
Organization of the Republic
Based on three elements:
- Potestas: Defined as the force socially recognized, and its eminently called imperium, whose attribute is substantial command of the army is for temporary judges, whose power, unlimited in principle, it is tempered by the auctoritas, or know socially recognized the Senate, assembly composed of former judges (patres) occupying the place for life.
Epoca Clasica (Classical Era)
Covering a period of history that goes roughly from the early republican crisis until the end of the imperial dynasty of severe or in other words covers the period of the formation and consolidation boom of the new political form that is the principao.
Republican Court
The ancient activity of the papal interpretava is inherited at the beginning of the classical era for secular jurisprudence and its fruit ripens and is what most proper sense is called ius civile.
Classical High Court
The advent of the Principality, with the result of the insertion in the Republican organization, a new power monocractic coming to disturb the balance between auctoritas and potestas, had to necessarily have a significant influence on the system of sources of right, but in the first phase.
JURISPRUDENCE Late Classic
Adriano can say that from the office ceases to exist as free activity jurisprudence, and the career lawyer becomes a bureaucratic function in the administration inserted through the Imperial Chancellery, whose sections libellis, or reception and dispatch of bodies.
Epocapos Classic
The death of Ulpian close the creative cycle of case law and opens the post classic period features more pronounced as it is this which produces worship will be located right Porla emnadas mandatory sources of the power of the emperor and definitely become the dominius.
Edict of the Magistrate
Is a proclamation published by the magistrate in which contains a total or partial Pogram which intends to make its judiciary.
The Consulate
Where two consuls were elected for one year and exercised supreme rule or mandate in war and in peace.
The Pretura
Where the Praetor was a magistrate who held the supreme power is entrusted with the administrative function of justice. In the year 240 BC.
Praetor peregrinis
In charged of solving problems between patricians and plebeians.
The quaestorship
Quaestors to appear are the assistants to the consuls, their functions are the investigation and prosecution of criminals and treasury management or public finance.
The Edil
Ediles appear as dealing with the religious with the plebeian gods.