Roman law
Roman law is a foundational legal system that is characterized by its logical and systematic approach, contrasting with the more precedent-based common law system. Originating in ancient Rome, it emphasizes the use of rationally constructed legal codes as primary sources for legal decision-making. This civil law tradition has had a lasting influence on various legal systems around the world, including those in several U.S. territories and states such as Louisiana, Texas, and Arkansas, where civil law principles are still observed. Roman law has also significantly contributed to American jurisprudence, providing a framework for legal terminology and structure. Despite its contributions, Roman law's impact on U.S. courts has been somewhat overshadowed by the dominance of common law, which relies heavily on previous court decisions. Notably, influential U.S. Supreme Court justices have acknowledged the relevance of Roman law in their legal reasoning, particularly during the late 18th to early 20th centuries. Overall, Roman law remains an important historical and practical cornerstone that continues to shape legal thought and practice in various contexts.
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Roman law
Description: Body of ancient law of Rome codified under the Emperor Justinian in the fifth century c.e. The civil law systems of modern Europe and elsewhere, especially the Code Napoleon (1804), use Roman law as their foundation.
Significance: Although Roman law is sometimes cited in Supreme Court decisions and influences the justices’ thinking, common law rather than civil law dominates on the Court.
Roman law is known for its logical, systematic character, as opposed to the comparatively haphazard nature of common law, which takes previous court decisions as sources for its governing principles. Roman and civil-law systems look instead to the text of rationally constructed legal codes in deciding cases.
Although U.S. jurisprudence is based on the English common-law tradition, Roman law played a key role in its development. Thomas Jefferson urged its study, and to varying degrees, it found its way into American legal education. Its role, however, was long unrecognized. The legal systems of several U.S. territories and states, including Arkansas, Texas, Florida, and Louisiana, were based on civil law. Roman law provided a model of rational legal structure, a source of precise terminology, and a comparative basis for judging common law rules and practices.
Roman law influenced Supreme Court justices, especially from the late eighteenth to the early twentieth century. In particular, it interested Justices Joseph Story and Oliver Wendell Holmes and was often cited in Court decisions. However, the influence of Roman law and its civil-law offspring never threatened the dominance of common law on the Court. As a common-law court, the Court adheres to precedent, following the stare decisis rule. Under civil-law procedures and principles, the Court’s decisions would be justified primarily by their basis in the Constitution or statue law, not on past decisions.
Bibliography
Buchanan, Kelly. "References to Roman Law in US Courts." In Custodia Legis: Law Librarians of Congress. Lib. of Congress, 20 Mar. 2015. Web. 11 Jan. 2016.
"The Common Law and Civil Law Traditions." Robbins Collection. School of Law, U of California at Berkeley, n.d. Web. 11 Jan. 2016.
Greenberg, Janelle, and Michael J. Sechler. "Constitutionalism Ancient and Early Modern: The Contributions of Roman Law, Canon Law, and English Common Law." Cardozo Law Review 34.3 (2013): 1021–47. PDF file.
Paraschiv, Elena. "The Impact of Roman Law in the Ancient World." Contemporary Readings in Law & Social Justice 4.2 (2012): 312–17. PDF file.
Riggsby, Andrew M. Roman Law and the Legal World of the Romans. Cambridge: Cambridge UP, 2010. Print.