среда, 4 марта 2015 г.

Roman Law

The most important cultural innovations of Roman antiquity are associated with the development of policy and law. Ancient Rome is the birthplace of jurisprudence.

If in the small Greek city-states with their diverse and frequently changing forms of government many questions could be solved on the basis of the direct expression of the will of the ruling elite or the general assembly of citizens, control of the vast Roman Empire was carried out by public authorities, well-organized administrative structure, legal laws regulating civil relations, justice and so on. The first legal document was the Law of Twelve Tables, which regulated criminal, financial and trade relations. Constant expansion of the territory leads to other documents: private law for the Latins and public law regulating the relations between the Latins and people living in the provinces.


Scaevola, Papiniana, and Ulpian are the most distinguished Roman lawyers. The original contribution was made to the right by eminent jurist Salvius Julian of Adrian era, who reviewed all existing praetor edicts (Pretoria exercised the supreme judicial authority), selected everything corresponding to the new conditions of life, brought them into the system, and then turned them into a single Pretoria edict. Thus, the whole  valuable experience of previous court decisions was considered. There were other schools of lawyers, competing with each other.

The Roman historian Polybius already in II BC saw a guarantee of state's power in perfection of political and legal system. Roman lawyers indeed laid the foundations of legal culture. Roman law is still the basis, which supports the modern legal system. However, clearly provided by law relationships, authority in charge of numerous bureaucracies and officials - the Senate, magistrates, consuls, prefects, procurators, censors, and others - did not eliminate the tension of the political struggle in society. Nobility connects the general public to its struggle for a place in government trying to get support from them. Slogans and appeals of various parties and groups on the general background of patriotic glorification, which worshiped the Roman Empire and the Emperor, shaped public consciousness of citizens. Literature and art are put in the service of political and ideological goals, and even urban development and architecture. Although artistic creation was actually far from being fully subordinate to these goals, they had still a very significant effect on the character of art and whole cultural life of the Roman society. From this follows one of the main features of Roman culture - politicization.

Enthusiasm for politics and jurisprudence has led to a high level of oratory (Gaius Gracchus, Cicero, Julius Caesar) and logic. Speaking, writings, philosophical essays, treatises on oratory of Cicero had a great influence on his contemporaries. The most profound impression made his speech at the trial in the Senate. Eloquence was the main means of social struggle. Rhetoric has had a great influence on philosophy and literature. Art of eloquence was taught in public schools, where teachers received a salary from the state. The most famous rhetorician was Marcus Fabius Quintilianus, who wrote a great treatise "Institutes of Oratory" in 12 books.

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