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2 results

  • 6 - Roman Roots

  • from Part II - The History of the Constitution
  • Wim Voermans, Universiteit Leiden
  • Book:
    The Story of Constitutions
    Published online:
    19 October 2023
    Print publication:
    02 November 2023, pp 98-103

  • Summary

    Roman law persists after the fall of Rome, not only governing private/business-relations, but also as the basis for the Western European legal order. When it comes down to the law the Roman Empire lived on as a virtual empire (of the imagination) more than a millennium after the actual fall of the physical empire in the West. Roman law was studied, codified and used as if the Empire was still there.

  • 7a - High classical law

  • from PART II - GOVERNMENT AND ADMINISTRATION
  • Edited by Alan Bowman, Brasenose College, Oxford, Averil Cameron, Keble College, Oxford, Peter Garnsey, University of Cambridge
  • Book:
    The Cambridge Ancient History
    Published online:
    28 March 2008
    Print publication:
    08 September 2005, pp 184-199

  • Summary

    The age of the Antonines and Severans witnessed the highest achievements of Roman law, building on the foundations laid down in the last decades of the republic and the first of the empire. At the heart of this high classical law were two elements: first the jurists, and second the scientific approach to legal thought which they embodied. The vast majority of the texts collected together in the Digest of Justinian, compiled in the second quarter of the sixth century, date from this period; one half of the whole work is derived from the writings of just two Severan jurists, Ulpian and Paul. The main focus of the classical jurists was on the detailed analysis of specific legal institutions. The principal works in which this type of analysis occurred were the great commentaries, in particular those on the Edict. Through the last two centuries of the republic magisterial Edicts had been a crucial source of legal change.