Roman law Sentence Examples
It may be added that a special translation of the chapter on Roman Law (Gibbon's historische Ubersicht des romischen Rechts) was published by Hugo at GÃ¶ttingen in 1839, and has frequently been used as a text-book in German universities.
A similar penalty attached to intermarriage between Jews and Christians, and an attempt was made to nullify all Jewish marriages which were not celebrated in accordance with Roman law.
Vico may have derived from Grotius the idea of natural law; but his discovery of the historic evolution of law was first suggested to him by his study of Roman law.
The connexion in Roman law between the ideas of equity, nature, natural law and the law common to all nations, and the influence of the Stoical philosophy on their development, are fully discussed in the third chapter of the work we have referred to.
Another was the jealousy prevailing in England against the principles of the Roman law on which English equity to a large extent was founded.Advertisement
At this epoch the study of Roman law received a new impulse, imd thu.
Had he possessed such a knowledge of Roman law as is now not uncommon in England, he must doubtless have taken a different view of many subjects.
Foreign trade and foreign intercourse were undeveloped, but their influence was in historical times never entirely absent, while the influence of Roman law and the Christian Church constantly tended to modify the manorial organization.
They present somewhat similar features with the Salic law, but often differ from it in the date of compilation, the amount of fines, the number and nature of the crimes, the number, rank, duties and titles of the officers, &c. For the Salic law and other Frankish laws, see Salic Law, and for the edict of Theodoric I., which was applicable to the Ostrogoths and Romans, see Roman Law.
Euric's code was used for all cases between Goths, and between them and Romans; in cases between Romans, Roman law was used.Advertisement
Portalis and others he founded under the empire an academy of legislation in Paris, himself lecturing on Roman law.
By the original Roman law the master was clothed with absolute dominion over the slave, extending to the power of life and death, which is not surprising when we consider the nature of the patria.
The civil code of the republic is based upon Roman law.
But indirectly Roman law did exert a by no means insignificant influence through the medium of the Church, which, for all its insular character, was still permeated with Roman ideas and forms of culture.
While the Roman cults were amply protected by taboos, there was no comprehensive term in Roman law for religious violations and profanations in general.Advertisement
Gratian's Decretum mirrors two tendencies, the church legislation with its growingly less extended application, and the wide meaning as in Justinian's Code, owing to the revival of Roman law in the 11th century.
The other institution, relating to land, was that known to the Roman law as the precarium, a name derived from one of its essential features through all its history, the prayer of the suppliant by which the relationship was begun.
The employment of the precarium by the Church seems to have been one of the surest means by which this form of landholding was carried over from the Romans to the Frankish period and developed into new forms. It came to be made by degrees the subject of written contract, by which the rights of the holder were more definitely defined and protected than had been the case in Roman law.
About the office of king more of this earlier conception gathered than elsewhere in the state, and gradually grew, aided not merely by traditional ideas, but by the active influence of the Bible, and soon of the Roman law.
Apart from this system of compulsory reference by the praetor, Roman law recognized a voluntary reference (compromissum) to an arbiter or arbitrator by the parties themselves.Advertisement
Even the rudiments of Roman law were not then included in the ordinary training of English lawyers; it was assumed at the universities that any good Latin scholar could qualify himself at short notice for keeping up such tradition of civilian studies as survived.
His prominent use of Roman law and the wide range of his observation have made his works as intelligible abroad as at home, and thereby much valuable information - for example, concerning the nature of British supremacy in India, and the position of native institutions there - has been made the property of the world of letters instead of the peculiar and obscure possession of a limited class of British public servants.
The term survived throughout the middle ages wherever the Roman law gained a foothold.
The Landrecht, a work of vast labour and erudition, combines the two systems of German and Roman law supplemented by the law of nature; it was the first German code, but only came into force in 1794, after Frederick's death.
All the Roman law had been gathered into two volumes of not excessive size, and a satisfactory manual for beginners added.Advertisement
From what has been already stated, the reader will perceive that Justinian did not, according to a strict use of terms, codify the Roman law.
The five main points of religious law, "the pillars of Islam," have been enumerated in the article Mahommedan Religion; the civil law, on the development of which Roman law had some influence, is treated under heads similar to those of Western jurisprudence.
No perfect MS. has been preserved of the text of the Basilica, and the existence of any portion of the code seems to have been ignored by the jurists of western Europe, until the important bearing of it upon the study of the Roman law was brought to their attention by Viglius Zuichemus, in his preface to his edition of the Greek Paraphrase of Theophilus, published in 1533.
While Roman law became the foundation of justice, a learned clerk was needed as assessor and developed into the Lord Justice Clerk.
He lectured on constitutional and public law and Roman law in 1875-1877, and also taught subjects as diverse as botany and political economy.
See Justinian; and Roman Law.
In 1591 he became professor of Roman law at Strassburg, where he remained until April 1600, when in response to an invitation from Frederick IV., elector palatine, he removed to Heidelberg.
Of his numerous other works the most important was the reconstruction of the twelve tables of early Roman law.
In his early days he was famous as a pleader, and his knowledge of Roman law is reflected in parts of his writings.
As the historical and practical position was developing on these lines the lawyers who fashioned English common law in the r 2th and r3th centuries did not hesitate to apply to it the teaching of Roman law on slavery.
As these rules were often accepted by his successors, the praetor thus acquired an almost legislatorial power, and his edicts, thus continued, corrected and amplified from year to year, became, under the title of the "perpetual" edicts, one of the most important factors in moulding Roman law.
After the usual course at the gymnasium of his native town, he entered its university in 1826 as a student of jurisprudence, and specially of Roman law.
The great scholastic controversies had already begun in the schools of France; the revival of Roman law had called forth the university of Bologna, and the canonists had begun the codification of the law of the Church.
The critique of Roman law started, under Politian's auspices, upon a more liberal course than that which had been followed by the powerful but narrow-sighted glossators of Bologna.
Much in the same way as Roman law was derived from the Twelve Tables, the Jewish written laws were used as the authority for subsequent modifications, and the continuity of the religious-legal system was secured by a skilful treatment of old precedents?
Even when it came to be authorized by Roman law under certain restrictions, it was still looked upon as a pernicious crime.
In this respect the canonical writers derived much assistance from the later Roman law.
The obligatio of Roman law arose either from voluntary acts or from circumstances to which legal consequences were annexed.
Creditor and debtor have also lost their Roman law signification; they have been narrowed to mean the parties where the obligation is the payment of a sum of money.
American law is in general agreement with English, except in the case of Louisiana, where the terms obligor and obligee are used in as wide a sense as the debitor and creditor of Roman law.
A popular acquaintance with the outstanding features of Roman law was widely diffused by this time in Asia Minor.
Such writings have affinities with both the letter and the epistle, and they may further be compared with the "edicts and rescripts by which Roman law grew, documents arising out of special circumstances but treating them on general principles."
It was in part closely akin to the " modern Roman law " which is practised widely over the continent of Europe, and even in Scotland, at the present day.
Savigny held that, making allowance for the anomalies and usurpations of conquest, the Roman population held the bulk of the land as they had held it before, and were governed by an uninterrupted and acknowledged exercise of Roman law in their old municipal organization.
The Eastern theology had its roots in Greek philosophy, while a great deal of Western theology was based on Roman law.
Among the West Goths written laws had already been put forth by Euric. The second Alaric (484-507) put forth a Breviarium of Roman law for his Roman subjects; but the great collection of West Gothic laws dates from the later days of the monarchy, being put forth by King Recceswinth about 654.
An interesting and very rare example of a Roman law deed sealed with gem impressions in clay is in the British Museum, recording the sale of a slave boy in A.D.
The early Christians had naturally preferred the formless marriage of the Roman law as being free from all taint of pagan idolatry; and the ecclesiastical authorities recognized concubinage also.
In different states of Spain the laws of the later middle ages recognized concubinage 1 The difference between English and Scottish law, which once made "Gretna Green marriages" so frequent, is due to the fact that Scotland adopted the Roman law (which on this particular point was followed by the whole medieval church).
In 1869 he was appointed professor of Roman law at University College, London, and in 1878 professor of jurisprudence, resigning that chair in 1882.
His name became well known during this period as the author of a standard work on Roman law, Roman Law in the Order of a Code, together with a smaller introductory volume for students, Introduction to Roman Law.
The colonization of the eastern provinces and the struggle against the Sla y s necessitated a stronger concentration of aristocratic power, and the reception of Roman law during the 5th and 16th centuries hardened the forms of subjection originated by customary conditions.
After being educated at the university of Kiel he devoted himself to the study of Roman law and.
His smaller papers amount to many hundreds in number, and there is no department of Roman life and learning, from the earliest records of the Roman law to the time of Jornandes, which he has not illuminated.
It has been remarked that the developed ceremony of baptism, with its threefold renunciation, resembles the ceremony of Roman law known as emancipatio, by which the patria potestas (or power of life and death of the father over his son) was extinguished.
It is possible that this common ceremony of Roman law suggested the triple abrenunciatio of Satan.
The idea of adoption in baptism as a son and heir of God was almost certainly taken by Paul from Roman law.
This side of Thomas's system is specially important, since it is just this blending of theological conceptions with the abstract theory of the later Roman law that gave the starting-point for independent ethical thought in the modern world.
In Roman law the latter sense was the more common; in modern law the word bears only the former sense.
Wherever Roman law and municipal institutions had been in force the church was modelled on the civil society.
Diocesan organization as understood in countries under Roman Law being unknown, there was not that limitation of the number of bishops which territorial jurisdiction renders necessary, and consequently the number of bishops increased beyond all proportions.
Papinian's place and work as a jurist are discussed under Roman Law.
The substitution of the elector for the pope as head of the church; the introduction of Roman law with its emphasis on a central authority and a central administration; the determined and successful efforts to avoid any partition of the electorate; and the increasing tendency of the separate sections of the diet to act independently; all tended in this direction.
Thus Roman law has passed through three great periods - the divine, the heroic and the human - which are likewise the three chief periods of the history of Rome, with which it is intimately and intrinsically connected.
In Roman law the judge gave the preference to the equitable rule; in English law the equitable rule was enforced by a distinct set of judges.
The early chancellors were ecclesiastics, and under their influence not only moral principles, where these were not regarded by the common law, but also the equitable principles of the Roman law were introduced into English jurisprudence.
It may be added that a special translation of the chapter on Roman Law (Gibbon's historische Ubersicht des romischen Rechts) was published by Hugo at GÃƒ¶ttingen in 1839, and has frequently been used as a text-book in German universities.
In Roman Law, the relationship of landlord and tenant arose from the contract of letting and hiring (locatio conductio), and existed also with special incidents, under the forms of tenure known as emphyteusis - the long lease of Roman law - and precarium, or tenancy at will (see Roman Law).
Lanfranc was trained in the legal studies for which northern Italy was then becoming famous, and acquired such proficiency that tradition links him with Irnerius of Bologna as a pioneer in the renaissance of Roman law.
These were the inauguration of the rex sacrorum and the flamens, and that abjuration of hereditary worship (detestatio sacrorum) which was made by a man who passed from his clan (gens) either by an act of adrogation (see Roman Law and Adoption) or by transition from the patrician to the plebeian order.
The connecting link between the general use of the signet, which was required by the Roman law for legal purposes, but which had died out by the 7th century, and the revival of seals in the middle ages is to be found in the chanceries Early of the Merovingian and Carolingian sovereigns, where s m $d seval the practice of affixing the royal seal to diplomas appears to have been generally maintained (see Diplomatic).