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Content text World Legal System Question No 02 What is roman legal system explain its sources. its influence on world legal system and its developmemt..pdf

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of WORLD LEGAL SYSTEM for LLB part 01 you can watch lecture of this question from here. https://www.youtube.com/watch?v=YvmZRYpJ3PA&list=PLXTPClsX2h dBok28Jtm1DKatwmhGhcd-i Question # 02: Describe the history and development of Roman legal system explain its influence on world legal system? 1. INTRODUCTION: The Roman legal system was an ancient legal framework used by the Romans. It provided rules and guidelines for governing society and resolving disputes. Based on principles of fairness and justice, it emphasized the importance of written laws and the rights of individuals. The system had a profound influence on legal systems worldwide. 2. ORIGIN:
The Roman legal system originated in ancient Rome over 2,000 years ago. It was developed and refined by the Romans to govern their society and ensure fairness and order. 3. CONCEPT OF TWELVE TABLES: The legal system of Rome was based on a set of laws known as the Twelve Tables, which were first written down around 450 BCE. These laws covered various aspects of daily life, including property rights, contracts, and criminal offenses. 4. EVOLUTION OF ROMAN LAW: Over time, the Roman legal system evolved and became more complex. The Romans valued the idea of justice and believed that laws should be fair and applied equally to all citizens. They established a system of courts and judges to interpret and enforce the laws. 5. IMPORTANT PRINCIPAL OF ROMAN LAW: One important principle of Roman law was that people were considered innocent until proven guilty. This meant that the burden of proof was on the accuser to provide evidence of someone's guilt. The accused had the right to defend themselves and present evidence in their favor. 6. SIGNIFICANCE: Another significant contribution of the Roman legal system was the concept of legal precedent. Decisions made by judges in previous cases were considered as a guide for future cases with similar circumstances. This helped to create a consistent and predictable legal framework. 7. IMPACT OF ROMAN LEGAL SYSTEM: The Roman legal system had a lasting impact on the development of legal systems in Europe and beyond. Many modern legal principles, such as the right to a fair trial and the presumption of innocence, can be traced back to Roman law. It continues to influence legal thinking and practice to this day. 8. SOURCES OF ROMAN LEGAL SYSTEM:
The different sources of Roman law are as under. ➢ Twelve Tables: These were the earliest written laws in Rome and formed the foundation of Roman law. They were inscribed on twelve bronze tablets and covered various aspects of civil and criminal law. ➢ Jurisprudence: Roman jurisprudence refers to the legal opinions and interpretations of jurists and legal scholars. Their writings and commentaries on the law played a crucial role in shaping and developing Roman legal principles. ➢ Edicts: Edicts were proclamations issued by Roman magistrates, such as praetors and emperors, that provided guidelines for legal matters. These edicts helped establish new legal rules and modified existing ones. ➢ Imperial Decrees: Decrees issued by the Roman emperors were considered a significant source of law. Emperors had the power to issue decrees that carried the force of law and were binding on the entire Roman Empire. ➢ Customary Law: Customary law referred to the long-standing practices and traditions of the Roman people. It was based on the general consensus and usage within the society and played an important role in shaping legal norms. ➢ Senatorial Decrees: The Roman Senate had the authority to issue decrees that had legal significance. Although not as prominent as imperial decrees, senatorial decrees could influence legal practices and be considered as a source of law. 9. INFLUENCE OF ROMAN LEGAL SYSTEM ON WORLD LEGAL SYSTEM:
Roman law, developed in ancient Rome, has had a profound influence on legal systems around the world. Its impact can be seen in various aspects of modern legal systems, including principles, concepts, and structures. Here are some key areas where Roman law has shaped the world legal system. ➢ Foundation of Legal Principles: Roman law laid the foundation for many fundamental legal principles that are still relevant today. Concepts such as equality before the law, the presumption of innocence, and the right to a fair trial can be traced back to Roman legal principles. ➢ Codification: The Romans were pioneers in codifying laws, organizing legal principles into systematic collections. Their most significant legal code, the Justinian Code (or Corpus Juris Civilis), served as a model for subsequent legal codes in many countries. ➢ Civil Law Tradition: Roman law forms the basis of the civil law tradition, which is followed in many countries, including continental Europe, Latin America, and parts of Asia and Africa. ➢ Legal Terminology: Roman law introduced a range of legal terminology and Latin expressions that are still commonly used in legal systems today. Terms such as habeas corpus, caveat emptor, prima facie, and de facto/de jure have become integral parts of legal vocabulary worldwide. ➢ Property Law and Contracts: Roman law's influence on property law and contracts is noteworthy. Concepts like ownership, possession, and the transfer of property have their roots in Roman legal principles. ➢ Legal Education and Jurisprudence: Roman law played a significant role in shaping legal education and the study of jurisprudence.

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