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The Rebirth of Roman Law: How did the Middle Ages bring ancient laws back to the light of day?
As the evolution of the times, the legal system has undergone countless changes and regeneration, especially the revival of ancient Roman law in the Middle Ages, which has had a profound impact on today's legal system.In this article, we will explore the evolution of ancient Roman law and how the Middle Ages led to the rebirth of this legal heritage.
The Basics of Ancient Roman Law
In early Roman society, law was not just a collection of written laws, but was closely linked to religious, cultural and social norms.Between 451 and 449, Mos Maiorum was compiled into the famous "Twelve Tables" and became an important cornerstone of the law.Archic Roman Law (650–264 BC) is the origin of Roman law, and its core is the Ius Civile (Latin: Public Law), composed of two major elements: Mos Maiorum (Latin: The Way of the Ancestors) and Leges (Latin: Law).
The stage of development of Roman law
During the pre-classical law period from 264 BC to 27 BC, the focus of legal governance shifted from priests to judges, i.e. professionals who enforced the law.By the Empire, under Augustus' rule, Roman law reached a new level, called "classical Roman law."At this time, the authority of the judges became clearer, and the law gradually shifted from word of mouth to more formal compilation and interpretation.Justinian's Code
During the sovereign period from 284 to 565 AD, Justinian the Great promulgated the Corpus Iuris Civilis, a code that brought together the essence of ancient Rome's laws and became the foundation for later laws.His efforts not only sorted out the laws of the time, but also emphasized the relationship between religion and law, which gained new developments in the later Middle Ages.Medieval Legal Education and Legal System
With the vigorous development of education in the late Middle Ages, the study of law gradually returned to the academic world.At the University of Bologna in the 11th century, the rediscovery of Roman law promoted the prosperity of legal research.Scholars during this period were called "commenters". They studied and translated the "Roman Law Outline" in depth and created new legal documents based on this.The work of scholars has formed the "Legal Annotations", which contains a modern interpretation of ancient laws and conducts teaching and research on the law based on this.
The fusion of church law and secular law
Church law, especially the laws and rulings issued by the Pope, has a profound impact on the system of common law and civil law.During this period, secular law and church law gradually formed a state of "commune" (Ius Commune) and began to influence the legal systems of various countries.Integration of legal systems and modern transformation
With the rise of the Renaissance and the Enlightenment, legal thought underwent fundamental changes, which was also reflected in the reconstruction of the legal system.For example, the French Civil Code was formulated based on the principles of ancient Roman law, making the application of law clearer and more systematic.The emergence of a new legal system is not only an emphasis on ancient laws, but also a comprehensive reform of legal practice.
Contemporary Influence of Ancient Laws
Today's legal system is all influenced by the regeneration of medieval Roman laws.The legal systems of many countries still follow these long-standing principles, making them reflect unchanging wisdom in the application of law.The revival of these ancient laws not only allows us to look back at the past, but also guides us to explore the possibilities of future legal development.In this long river of legal history, we witness how ancient Roman law was re-respected and integrated into the modern legal system in the Middle Ages.In this context, how will the future of law develop?
