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Roman Laws


Guest spartacus

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Guest spartacus

Every society is governed by Laws and the Romans were no exception!

 

I would like to start a discussion on the Laws of Rome, were they fair to all ?

How in-depth were they ? for instance did people have the right of appeal ?

 

How concise were they? Were they subject to reform etc etc....

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The roman law code was the basis of Justininans corpus civis legis which was the law code adopted in all of europe except england and stood until Napoleon modified it with his Napoleonic code. Its laws were among the most important aspects that they brought to Western Europe, however their early laws of the 12 tablets were derived from Solon's greek laws during reign of decemvirs.

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Guest spartacus

Hi PM

 

On a trip to Crete 3 years ago, I saw a wall which was inscripted with Europes oldest known Laws, it was sited at Gortyn ( Gortis ) but I cannot remember its name !

 

Anyway have you heard of it ?

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Roman law favored the propertied classes. This was because, theoretically at least, the propertied classes took the brunt of State service. Like I said in the other thread, Romans had an unassailable sense of social class, and these classes defined the rights and duties of the individual in the class. When the Romans absorbed conquered people into their empire, the local elites were often the first to Romanize since Roman law supported them over the common locals.

 

It was far from egalitarian, but it might be "fair" if you think those who better serve the State deserve better treatment from the State. It was what a lot of Romans themselves believed apparently. *shrugs*

 

England and her former colonies are more influenced by Anglo-Saxon common law than Roman legal codes. As a former colonial, I really don't like common law. It gives judges entirely too much power. I'd rather the power be in the hands of the legislatures who were elected to write the legal codes in the first place. Sorry for the social commentary, but I thought it was appropriate here. My legal code is descended from barbarians. It sucks.

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English common law gave rise to 1215AD Magna Carta which provided for Due Process, Priveledge Against Searches and Seizures, and I believe Right to Council, among other things.... Which in turn led to the 1689 Bill of Rights. These two documents laid the groundwork for the first 10 Amendments to the US Constitution. English Common Law is based on the Starre Decisis (sp) concept, (Let the previous descisions stand). Which is in turn simmilar to Mos Maiorum I gues!! Ursus, when you talk of the Legislature do you mean the oligarcical, bloated millionaires club called the US Senate?

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