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Roman law originated in the ancient Roman monarchy around the 7th century BC, when the laws of Rome included the laws of the people's assembly and the laws of the plebeian assembly, and at the end of the republican era, the decisions of the senate gradually replaced the laws of the people's assembly and the plebeian assembly of the royal government.
Roman law, generally referred to as the general term for the laws of Roman slave states, existed throughout the historical period of Roman slave states. It includes the laws of the Roman state from the beginning of the Roman state to the fall of the Western Roman Empire, as well as the orders of the emperor, the proclamations of the senate, statutory law, and some customary laws. It also includes the laws of the Eastern Roman Empire before the middle of the 7th century AD.
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The origin of Roman law is customary law.
In 509 BC, the Roman Republic was established, and in 449 BC the Law of the Twelve Bronze Tables was promulgated.
From the founding of Rome to the middle of the 3rd century BC, the laws that emerged from Rome were collectively known as the Citizenship Law.
In the process of moving from a republic to an empire, in order to accommodate Gentiles and slaves, and to better rule Rome, a system of civil law was formed. The system of civil law applied to all citizens within the territory of Rome, and then to natural law, which was not a specific legal text, but a legal concept. In 27 BC, the Roman Empire was founded.
During the imperial period, the role of the law of all people gradually became apparent.
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Roman law has its origins around the 7th century BC in the ancient Roman monarchy.
The contents include: the first written code of ancient Rome, the Twelve Tables, the early Roman Republic - civil law, the late Roman Republic - the civil law, and the Eastern Roman Justinian's reign, the first legal code of the Byzantine Empire, which began to be known as the "Justinian Civil Law Encyclopedia" in the 12th century AD.
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Origin: The ancient Roman slave state originated in Italy. Before the 8th century BC, Rome was in the period of clan communes.
Legend has it that Romulus founded the city of Rome in 754-753 B.C., and Rome in the 8th-6th centuries B.C. is called the period of kingship, when Rome was still in the transition from a clan society to a class society.
This period was dominated by the customs of the ancient clans and the customs prevailing in society, which gradually evolved into customary law by the time the state was finally formed in the late royal period.
Development: After the 7th century BC, with the development of productive forces and the emergence of private ownership, Roman society gave rise to two basically opposing classes, slave owners and slaves, and the clan system tended to disintegrate. At the same time, a "plebeian" class gradually formed.
The commoners bore most of Rome's taxes and Roman military obligations, but because they were not members of clan communes, they could not enjoy political rights, intermarry with nobles, or occupy commons. It was the long-term struggle between the commoners and the aristocracy for their rights that objectively accelerated the collapse of the Roman clan system and promoted the formation of the Roman slave state and law.
Dominance
In the middle of the 6th century BC, the Roman aristocracy was forced to give in, and the sixth king, Servius Tullius, reformed Roman society, abolishing the original clans and tribes based on blood ties, dividing the inhabitants according to territorial relations, and dividing the inhabitants into five classes according to the amount of property. This reform marked the complete collapse of the Roman clan system, the formal emergence of the Roman slave state, and the entry of Rome into the period of the Republic.
With the eventual formation of the Roman slave state, Roman law was born. Of course, the early sources of law in the republic were mainly customary law. Roman law was a system of social norms that reflected the will of the Roman slave-owning class, protected the exploitative relations of slavery, consolidated the dominance of the slave-owning class in state institutions, and had unlimited power over slaves.
Roman law originated in the Roman city-state. With the continuous expansion of Rome's territory, from the unification of Italy, the monopoly of the Mediterranean, to the establishment of a slave empire spanning Europe, Africa and Asia, Roman law also developed from the narrow customary law and civil law of the city-states to the universal civil law, and finally formed the first legal system with universal quality. After the formation of Roman law, it went through several stages: the period of "royal government", the period of the republic and the period of empire. >>>More
The influence of Roman law: 1. It improved the efficiency of officials and standardized their political behavior; It protected legitimate commercial interests, reduced the tension between various classes, and contributed to the long-term stability and prosperity of the Roman Empire. 2. Roman law became the basis of the civil law system and was borrowed by the bourgeois civil legislation of the Western European continent; Its principles and systems have been adopted by the modern legal system; The concepts and terminology established by Roman law influenced later generations. >>>More
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1. Maintain the rule of the Roman Empire, the timely formulation and effective implementation of various laws and regulations; At the same time, personal property relations such as debts and inheritances are regulated. >>>More
(1) The nature of the law is different, ancient Chinese law includes two natures: slavery and feudalism, while ancient Roman law only has the nature of slavery. >>>More