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5. Roman law occupies an important position in the history of world law and has a great influence on later generations. In the Middle Ages, this influence was mainly manifested in the revival of Roman law, and after this movement, many Western European countries accepted Roman law, although to varying degrees, with continental Western European countries to a greater extent and England to a much smaller extent. After entering the capitalist period, France, Germany and other countries have successively formulated civil codes and formed civil law systems based on Roman law and in combination with the actual conditions of their own countries.
Britain continued to be influenced by Roman law, but did not fully embrace it, borrowing only some of its principles and institutions. Through the laws of Western countries, the influence of Roman law extended to countries in Asia, Africa, North and South America, including Japan and old China. Therefore, it can be said that Roman law is a universal law.
The influence of Roman law on later legislation is manifested in the following ways: (1) the Roman private law system. The French Civil Code of 1804 and the German Civil Code of 1900 both inherited the system of Roman law; (2) many of the institutions and principles of Roman law; (3) many concepts and terms in Roman law; (4) The thoughts and doctrines of the Roman jurists.
The reasons why Roman law was able to exert great influence on the legislation of later generations are as follows: (1) Although it was the law of a slave society, it was based on private ownership and a simple commodity economy, and there were clear and detailed provisions for the protection of all important relations between private property and the simple commodity economy. (2) With the efforts and promotion of jurists, the Roman law system is complete, rich in content, highly skilled in legislation, and able to adapt to the needs of social changes, constantly adjust and update, and make it more perfect.
As such, it can provide a ready-made legal form for the protection of private property and the regulation of commodity economic relations. (3) Some of the principles contained therein, such as the equal status of free persons within the scope of private law, the consent of the parties to the contract, and unrestricted ownership, are well suited to the needs of private ownership and the commodity economy. (4) One of the reasons for the great influence of Roman law was that the Roman rulers imposed the application of Roman law by force, and the inhabitants of the conquered lands were impressed by the perfection and development of Roman law.
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For Rome: Citizenship Law: Aroused and mobilized the patriotic enthusiasm of Roman citizens and their enthusiasm to participate in politics.
The Law of the Peoples: Straightened out the complex relationship of interests, consolidated the Roman power, and promoted social progress.
To the world: It is a pioneer of modern law, in which all people are equal, the supremacy of law and other widely known legal knowledge inherits and carries forward the essence of Roman law.
summarized in the history books.
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It was a pioneer of modern law, in which all people are equal and the law is supreme, and other widely known legal knowledge inherits and carries forward the essence of Roman law.
It is the inheritance of the development of human reason!
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The effects are as follows: 1. Roman law has made detailed provisions on various legal relations that reflect the production of simple commodities, so it contains many legal relations in the capitalist period, so it has a great impact on the field of capitalist civil law, and the civil laws of many other countries on the European continent, and even the civil laws of some countries outside Europe, are deeply influenced by Roman law, such as the jury system, the lawyer system, and the litigation system in Western law are inherited from Roman law.
2. The basic spirit of Roman law, most of the content of Roman law, has had a great impact on later generations, especially modern civilization, and this influence is not only reflected in the fact that Roman law once provided a theory for the victory of the burghers or the bourgeoisie over the feudal forces of the church and secular power, but also in the development of English law and the Anglo-American law nuclear destruction system in modern Europe, and was also formulated according to the natural law ideas of Roman law, from which slogans such as equal rights and natural human rights were developed to reflect the demands of the bourgeoisie.
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The influence of Roman law on later generations is as follows:
1. The efficiency of officials has been improved, and the department has long been ruined to standardize the political behavior of officials; 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 from the bourgeois civil law of Western Europe; Its principles and systems have been adopted by the modern legal system; The concepts and terminology established by Roman law influenced later generations.
3. Roman law adjudicated a large number of commercial disputes and protected the commercial interests of the people; At the same time, Roman law also regulated personal property relations such as debts and inheritance, and reduced the tension between various social strata, which was conducive to the long-term stability and prosperity of the Roman Empire.
Roman law:
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 6th century AD.
The Law of the Twelve Tables was an important milestone in the history of Roman law. Prior to this, due to the use of customary law, the judicial power was manipulated by the aristocracy, which was left to the interpretation of the nobility, and the judicial arbitrariness was widely practiced, which caused the dissatisfaction of the common people. In order to change this unequal status, the commoners took the initiative to organize and put pressure on ** to codify the law.
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Hello, the influence of Roman law on the law of later generations:
Roman law was prescribed by its very nature and was able to adapt to capital.
The need for economic development has provided a ready-made legal form for promoting the formation, consolidation, and development of the capitalist system, and has promoted the objective process of the bourgeoisie unifying the legal system of the state.
In the late Middle Ages, the capitalist economies of Western European countries developed on the basis of simple commodity production, and in order to adjust the endless civil legal relations, they found a ready-made legal form from Roman law, which promoted the development of capitalism.
In the century, the bourgeois revolution won victories in various countries, and the establishment of a unified legal system became an urgent need. In 1804, a unified French Civil Code was created, reflecting the achievements of the bourgeois revolution. The blueprint for this code was Roman law (The Ladder of Jurisprudence), which played a positive role in the maintenance and consolidation of capitalist private ownership and the economic order of bourgeois society, and in the development of capitalism in France and Europe as a whole.
Switzerland, Denmark, Italy, Greece and other countries have followed the French Civil Code and formulated their own civil codes, and even common law countries have been affected by it to varying degrees. This shows the great influence of Roman law on the uniform legal system of the bourgeoisie.
In short, Roman law has had an important impact on later generations of law, both in principle and system, and the revival of Roman law has directly contributed to the formation of the civil law system, so that the civil law system has always embodied the main spirit of Roman law. In addition, Roman law had an important impact on equity in English law. Therefore, Roman law can be called the common historical source of both civil law and common law systems, except that Roman law has a greater influence on civil law systems than on common law systems.
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Understanding of the historical position of Roman law. Roman law is the basis of the modern European civil law system, and in the early modern period, the Western bourgeoisie formulated laws to protect their interests based on the idea of natural law. From this developed slogans such as "natural human rights" and "equality of rights" that reflected the demands of the bourgeoisie.
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
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. >>>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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10. In World War II, the concerted actions of the Soviet Union, the United States, and Britain in the war against Germany began with (c) a. After the signing of the "Declaration of the United Nations" and b. after the opening of the "second battlefield" in Europe. >>>More