a short history of roman law

[...]... city-state was ruled by a kingand thereafter by a magistrate Private law of the Etruscans, and particularly the law of persons, was very different from, for example, Roman private law. 3 Their culture was more highly developed than that of the Latins and the Sabines We know from archaeological finds that the Etruscans had considerable knowledge of architecture and mining and were able to install a drainage... had nothing to do with divine law; failure to fulfil such an obligation was regarded as particularly reprehensible because it was also interpreted as nefas) The concepts of ius and fas are also linked (a) by the person of the king who was the leader of the state in matters relating to both ius and fas, and (b) by the fact that during the first 150 years of the republic law- making was in the hands of. .. calendar, but at the same time they supervised secular law Furthermore, archaic law like the law of nearly all primitive peoples—was of a formalistic nature To ensure that a certain transaction would have the desired result, it always had to be performed in accordance with meticulously detailed rituals, e.g certain words had to be used or certain gestures had to be made This formalism applied to transactions... further tablets in 449 BC Then the twelve tables were finally approved by the people’s assembly, so we are told The account of this part of Roman history, however, contains a number of anachronisms and inaccuracies As a result legal historians in the early part of this century reached very different conclusions about the origin and character of the XII Tables Nowadays it is generally assumed that (a) in... customary law and to what extent do they represent innovations? A large number of clauses probably incorporated norms that already existed; but the law must have been adapted in those areas where social life had changed A pater familias, for example, could acquire greater independence after the gentes had lost most of their social function; in table 5.3 the pater familias was given the power to dispose of. .. than a hypothesis.4 The fragments of the Law of the XII Tables which have survived show that its provisions related to the whole area of legal order at the time According to Livy (Ab urbe condita, 3.34.6), the XII Tables were ‘the source of all public and civil law , but that was probably an exaggeration: nearly all surviving fragments relate to civil law and particularly to civil procedure (tables... area About 500 BC, Rome covered an area of only 700–800 km2 Agriculture and cattle-rearing were the main means of livelihood It is not clear whether the Romans at that time were familiar with the principle of private ownership; perhaps at first only ownership of movables such as cattle and implements was possible; ownership of immovables may not have been possible until later.9 Because of Rome’s favourable... centuries as a formality for certain legal acts such as the emancipation the making of a mancipatory will and property transfer by mancipatio of res mancipi (land in Italy, slaves and cattle); these acts were also called acts per aes et libram In this connection it should be mentioned that a written alphabet and writing were introduced in Rome about the beginning of the fifth century BC It now became possible... these assemblies differed from each other with regard to composition, tasks and powers The comitia centuriata was originally the assembly of the Roman people in military array but they soon turned into a political assembly The comitia centuriata developed after the penultimate king, Servius Tullius, had drastically reorganised the army and had 14 THE STATE adopted a new technique of waging war: in the army... and the gens A familia consisted of all those persons who were in some way subject to the power of a pater familias.4 This power could be based on parentage, marriage or adoption and was in principle unlimited Religious norms imposed a certain number of constraints and the possible abuse of power by a pater familias was kept in check by strong social control Within the familia the pater familias was . the city-state was ruled by a kingand thereafter by a magistrate. Private law of the Etruscans, and particularly the law of persons, was very different from, for example, Roman private law. 3 Their. English. As a basis for ancient history I have used A History of Rome by M.Gary and H.H. Scullard (Macmillan, 1975); for more detailed information about the juridical elements I always refer to A Historical. Roman law is written primarily for law students whose course includes legal history. It may also be useful to classicists and historians. Nowadays no lecturer dare assume that law students have a