During the ancient Roman period, the development of the legal system and the operation of the courts demonstrated unparalleled rigor and creativity. In this society full of legal wisdom, how the ancient Roman courts handled various legal disputes and the impact of their legal ideas on later generations are still thought-provoking.
The foundations of ancient Roman law began with the original Roman law between 650 and 264 BC. The key concept during this period was
The legal procedure of the ancient Roman court was divided into two stages. The first stage was In Iure, which is the preliminary ruling on the law in the court; the second stage was Apud Iudicem I>, that is, ordinary citizens serve as judges to adjudicate specific cases.
In the In Iure process, priests initially serve as judicial leaders. They understand the applicable rules of the law and guide the preliminary judgment of the case. As the times progressed, the role of judges gradually changed, and the supporting role of jurists was introduced. These legal scholars assisted in interpreting legal terms and providing analysis of cases.
Over time, the court's operating model has undergone significant changes. Between 264 BC and 27 AD, that is, in the Preclassic period, the chief officer of the judicial system was no longer a religious priest, but transformed into a praetor, responsible for issuing new decrees.
In the operation of ancient law, the decrees issued by praetor became more and more important. This was called praetorian law and became a major innovation in ancient Roman law.
Beginning in AD 27, it entered the imperial period under the rule of Augustus, the first emperor of the Roman Empire. The famous edictum perpetuum of this period represented the collection of all edicts, which not only promoted the standardization of the law but also strengthened the role of legal experts who became important advisors to the emperor.
At this stage, the cognitio extraordinaria procedure emerged, which is a unique case trial model that requires only one stage, that is, the case is heard by a professional judge, simplifying the process and providing a basis for subsequent legal Programs create new possibilities.
Between 284 and 565 AD, an era known as the Postclassical Legal Period, the most important legal event was the codification of laws by Emperor Justinian. His Codex Corpus Iuris Civilis was the rock of Roman law, covering all legal knowledge required and providing an irreplaceable reference for the development of law in later generations.
Corpus Iuris Civilis consists of four parts: an introduction to the Academy's law, a compilation of various edicts, and a collection of new laws, which became the basis of law for centuries to come.
The legal system of ancient Rome had a profound impact on subsequent legal systems. Especially with the promotion of education, law has gradually entered university courses and formed a structured legal education system. This process laid the foundation for later legal practice and theory.
Although there are many elements from ancient Rome in the legal systems of later generations, the legal systems of various countries differ in how they operate. In today's society, the interpretation and enforcement of the law remains at the heart of the justice system. Facing real legal challenges, how should we view the impact of ancient Roman law on today’s judgments?