- Heavily influenced the idea of punishing crimes
- Roman law has influenced the national legal systems not only in Europe but also in America, Africa, and Asia
- Roman Law is the stable foundation upon which modern legal culture has developed and evolved as a whole.
- The Senate
- Made most of the laws in the Roman Republic
- The Romans are the reason most of the men in the senate and the overall governmental systems consist of old, rich caucasian men
- No opportunities were given to women or men from lower classes
- Women were given no rights
- Women couldn’t vote at all ever, no matter their status
- 509 BC: established republics run by representatives of people
- The Civil law system – based on late Roman law and its most distinctive feature, a system that serves as the primary source of modern law
- Bourgeois civil codifications
- In 1804, the french law, which was based on Roman Law was revised and called the Napoleon Law or The french civil code
- Basis of law today in many modern democratic countries (i.e Quebec)
- Many aspects of Roman law and the Roman Constitution are still used today. These include concepts like checks and balances, vetoes, separation of powers, term limits, and regular elections
- Classified as Patricians, plebeians, and slaves
- Patricians are given the most rights and highest status; most likely to become a senator
- Plebeians were also given rights, not the same luxurious as patricians but were allowed to vote
Salves were the lowest status and given almost no rights.
- Weakness: Laws and hierarchy are extremely classist and sexist
- Took away women’s right to express emotions
- The rule of law was not followed
- Bias towards males and gave them superior rights
- Unjust to women (almost no rights)
- Forbids marriage and any relations between the lower and upper classes
- Created the senate, run by upper-class people, giving them more power and privileges
- Led the path for discrimination in our Senates to date
- The only people that were allowed to vote were men from the upper levels
- Strength:
- They created the government system we use today in western society and they created the concept of the senate
- The Roman legal system included a criminal court system with lawyers and juries so people accused of crimes could defend themselves. Witnesses could also be called to give witness testimony
- Roman law had a significant influence over the modern-day laws of many countries. Legal ideas like trial by jury, civil rights, contracts, personal property, legal wills, and corporations all were influenced by Roman law and the Roman way of looking at things
- Both: The reliance on precedent
- When judicial pronouncements have engendered significant reliance, there should be a meaningful presumption against adjudicative change
Justice was an essential concept of the Roman judicial system, and the Twelve Tables played a pivotal role in ensuring that justice was upheld, and ensured the rights of all individuals, irrespective of their social status, while preventing the abuse of power by the rich and powerful. The idea of equality under the law was an important principle in the Roman era and carried on to today’s judicial systems.
In Rome, all citizens were enabled to the same legal protections and punishments. The accused were also provided a change to defend themselves, and the concept of fair trial was an essential part of the system. Breaking the law in ancient Rome had severe consequences, including fines, imprisonment, and capital punishment. However, the laws were designed to be proportional to the crime committed and avoid excessive punishment. This ensured that justice was served without being unjust or cruel.
Overall, the emphasis on justice in Roman Law was essential in establishing an impartial and effective legal system. The values embodied in the Twelve Tables continue to influence legal systems worldwide, indicating the long-lasting impact of the Roman Empire on modern society in the Twelve Tables continue to influence legal systems worldwide, indicating the long-lasting impact of the Roman Empire on modern society.
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