1. Customary law

(1) In 509 BC, the Roman Republic was established on the Italian peninsula.

(2) In the early days of the Roman Republic, the nobles monopolized the legislative power and judicial power. At that time, there was only customary law in Rome, and there was no clear boundary between law and custom.

(3) Judges who are mostly nobles often interpret the law at will to protect themselves and harm the interests of civilians.

2. Statutory law

Background: In the middle of 5th century BC, the struggle between civilians and nobles became increasingly fierce.

② Symbol: Rome promulgated the Twelve Bronze Tables Law, and Roman statute law was born.

③ Characteristics

A. the content is quite extensive.

B. The regulations are relatively clear.

C. some barbaric customary laws have been preserved.

④ Significance: There are laws to follow in trial and sentencing, which limits the arbitrary interpretation of the law by nobles and protects the interests of civilians.

⑤ Limitations: Some barbaric customary laws are preserved. (Perjury, throwing a Hutapeo stone to death)

It is easy to make mistakes. The formulation of the twelve bronze tables law is mainly the result of the strong demand of social class and common people.

Error-prone point Before written law appeared, the main defect of Roman law was that nobles often interpreted the law at will.

Error-prone points Before the enactment of the Law of Twelve Bronze Tables, Roman nobles liked to use customary law for trials, mainly because customary law: it can be interpreted at will, which is conducive to protecting aristocratic privileges.

Error-prone point: The compilation of Twelve Copper Tables Law is "the victory of civilians", which essentially means that nobles can't interpret customary law at will, and there are laws to follow in trial and sentencing.

The fundamental purpose of the error-prone twelve copper tables method is to safeguard the interests of slave owners and nobles.

3. Early scope of application: During the Roman Republic, Roman law was used to adjust the relationship between Roman citizens. The scope of application is mainly limited to Roman citizens, so it is called civil law. Under civil law, Roman citizens are protected by law and enjoy the rights endowed by law.

The ancient Roman civil law emphasized "everyone is equal before the law". "Everyone" here means: only all citizens of Rome.

Error-prone Roman law has experienced a complicated development process, and its transformation from customary law to written law has fundamentally adapted to the need of consolidating aristocratic rule.

The emergence and evolution of error-prone method is a long development process. In the process of primitive law, the logical evolution is: custom-customary law-law.

Two. Development and perfection of Roman law

1. development

At the beginning of the 3rd century BC, Rome conquered and unified the Italian peninsula, and then expanded to the Mediterranean region. In 27 BC, the Roman Empire was founded. By the end of 1 century, the Roman Empire had established more than 30 overseas provinces, which controlled the vast territory of Europe, Asia and Africa and ruled many different nationalities.

① background

A. In the process of Roman conquest, contradictions between different nationalities appeared.

Especially the conquered, because they are not protected by civil law, show strong dissatisfaction with the rulers.

B. With the expansion of territory, the expansion of international exchanges and the development of commodity economy and trade, many new problems and contradictions have emerged in political and economic activities.

(2) Performance: Laws applicable to all freemen under Roman rule were promulgated in the 3rd century. -the law of peoples.

The main difference between civil law and civil law lies in the different scope of application.

To sum up, the law is the embodiment of the will of the ruling class. From a practical point of view, both civil law and civil law protect the interests of slave owners and nobles, and slaves, as the ruled class, cannot enjoy these democracies. Therefore, we cannot simply think that civil law is the law of privileged people, and civil law is the law of ordinary citizens.

Example: The following situations fall within the scope of civil law mediation (A)

Answer: between Roman citizens and non-Jews

C. between pagans and non-believers. Between Roman citizens and slaves

Example: The Law of Peoples is an international law under the rule of the Roman Empire because of its (D).

A. apply b in areas ruled by the Roman empire. Used to manage all citizens of the Roman Empire.

C. contains all legal documents of the Roman Empire D. applies to all nationalities and foreign freemen in the Roman Empire.

perfect

① Symbol: In the 6th century, Justinian of the Eastern Roman Empire organized jurists to systematically sort out and compile Roman laws of past dynasties, and compiled them into the Complete Book of Civil Law.

② Significance: It marks the final completion of Roman law system.

One thing that is easy to make mistakes is to rule the growing empire. The most important measure taken by the emperors of the Roman Empire is to attach importance to the formulation of laws.

The main driving force for the development of Roman law from civil law to civil law is the continuous expansion of Rome.

Justinian is the historical figure who has made great contributions to the systematization and codification of Roman law.

In ancient European history, Justinian made the greatest contribution to the legal system construction.

Error-prone Roman law in a broad sense refers to all Roman laws enacted in ancient Rome from the end of the 6th century BC to the 7th century AD.

It is considered that the Law of Twelve Bronze Tables and the Complete Collection of Civil Law are two important symbols of the development and evolution of Roman law. The promulgation of Twelve Bronze Tables Law marks the birth of Roman statute law, and The Complete Works of Civil Law is the crystallization of Roman law compilation, which marks the final completion of Roman law system.

Summarize that Roman law has broad sense and narrow sense. It is rich in content and complete in system, and it is the earliest set of relatively complete legal system in European history. It is the foundation of modern European continental law system.

Summary Roman law is the general name of the legal norms formulated by the Roman Republic and the Roman Empire.

How many years have passed from the first written law in Rome to the compilation of the Complete Book of Civil Law (A)?

A. 1000 about 600 c. about 800 d. about 700 years.

3. Maintaining rule affects future generations

1. Keep the rules/realistic roles.

(1) Roman law is a powerful pillar of Roman rule.

(2) To provide a legal basis for state power, stabilize social order and protect the political and economic interests of the ruling class.

Roman law protects private property and advocates equality before the law. It is conducive to adjusting disputes in social and economic life and alleviating social contradictions.

Especially during the Roman Empire, the Roman legal system penetrated into every corner of the country and stabilized the rule of the empire.

However, Roman law also protects slavery and maintains the exploitation and oppression of slaves by slave owners.

Memory method: the pillar of empire, contradictory interests.

The fundamental purpose of the formulation and implementation of Roman law is to maintain and stabilize the rule of the empire.

The most important role of ancient Roman law for the Roman Empire was to maintain and stabilize the rule of the Empire.

Error-prone point The fundamental reason why the Roman Empire attached importance to the construction of the legal system was to maintain and consolidate the rule of the empire.

2. Influence future generations/far-reaching influence

Roman law is the first relatively complete legal system in European history, which has a wide and far-reaching influence.

① It had an important influence on the legislation and judicature of modern European and American countries. Many principles and practices in the contemporary legal system can be found in Roman law.

(2) The modern bourgeoisie made laws to protect its own interests according to the considerations in Roman law. They also used and developed the ideas and systems in Roman law as powerful weapons to oppose feudalism and promote the development of capitalism.

Memory method: legal ranking.

Error-prone Roman law has a very important position in the world legal history, because it is the pioneer of modern western law. In addition, its legal concept is universal.

The Roman Empire collapsed, but everyone in Rome left their civilization to Europeans. Rome is the pioneer of modern western law.

The concrete manifestation of the "most lasting conquest" of Roman law is that it provides an ideological source for the civil rights theory of the modern emerging bourgeoisie.

Error-prone point Athens moved from aristocratic system to harmonious system, and Rome moved from harmonious system to imperial system. The main reasons for this class difference are: the needs of economic, political and social development of the two countries.

Compared with ancient Greece, the greatest contribution of ancient Rome to the political system lies in the formulation of a series of legal systems.

Democracy in ancient Greece and Rome is (D)

A. safeguard the interests of most citizens. B. women's rights and interests are protected to a certain extent.

C.D. was born under the influence of Asian and African civilization. It is the democracy of the slave owner class.

Example: As far as political civilization is concerned, the greatest legacy left by ancient Rome to mankind is (C)

A. Freedom B. Democracy C. Rule of law D. Centralization

Example: Which of the following inferences belongs to? (2)

Major premise: Greek civilization is the source of western civilization. Minor premise: Athenian democracy is a typical representative of Greek civilization. Conclusion: Athenian democracy is by far the most perfect democracy.

A. the major premise is correct and the minor premise and conclusion are wrong. B. the major premise and minor premise are correct and the conclusion is wrong.

C. the major premise is wrong, and the minor premise and conclusion are right. The major premise and minor premise are wrong and the conclusion is correct.

The correct understanding of civil law to the development of civil law

1. Reason

In the external expansion of Roman countries, various social contradictions are increasingly exposed.

In order to stabilize the rule of the whole empire, it is necessary to partially recognize the interests of other nationalities in the conquered areas and give necessary judicial protection to foreigners who do not have Roman citizenship.

(3) The original civil law has not adapted to the requirements of the new situation, and the civil law system has gradually emerged in Roman judicial practice.

2. Development

(1) In the scope of application, it broke the distinction between Roman citizens and non-Roman citizens and treated all ethnic residents in the empire equally.

(2) In terms of adaptability and flexibility, it broke through the limitation of the original civil law which was too stylized and became concise and practical.

(3) In some specific contents of legal provisions, the law of nations pays attention to the adjustment of private laws involving personal relations and property relations, thus breaking through the limitation that the original civil law only pays attention to state administration and litigation procedures.

Problem historians generally believe that Roman law is the most important wealth left by the ancient Romans to the world. What is Roman law? What kind of development process has it experienced?

Key points of exploration: Roman law is the general name of legal norms formulated by the Roman Republic and the Roman Empire. It has roughly experienced the following development process:

1. Roman law originated from the famous twelve tables method (449 BC) and has developed greatly since then.

In 2.438, Emperor Diogenes I compiled the laws of the empire into the Code of Theodore. This compilation is only a collection of constitutional orders signed by successive emperors after Constantine the Great (306-337).

3. A century later, Justinian I, the emperor of the Eastern Roman Empire, rearranged and summarized most Roman laws and compiled them into a four-part Complete Works of Civil Law. This code is the epitome of Roman law.

4. Roman law is the foundation of the legal system in many countries today. The famous Napoleonic Code originated from Roman law. The civil law countries in Europe and many countries in South America are closely related to Roman law, because they borrowed a lot from the Napoleonic Code.

Analysis, content and evaluation of Roman law.

1. Basic contents of Roman law

Roman law protects the rights of free people except slaves, advocates that all free people are equal before the law, protects their autonomy, property rights, voting rights and litigation rights, and fully protects individual rights. It also restricts or cancels the rights of parents and husbands. Children's property rights and marital autonomy are guaranteed, and women's status in marriage is also guaranteed accordingly.

One of the core contents of Roman law is to recognize the inviolability of property. Among them, the most important thing is the stipulation and interpretation of creditor's rights, and the applicable clauses for solving various debt disputes are formulated, which have particularly clear provisions on various forms of contracts and the rights and obligations of both parties.

(3) Roman law is also permeated with the thought of natural law. Ancient Roman jurists believed that many natural laws, such as rationality, equality and justice, must be embodied in the law.

2. The characteristics of Roman law: it is a systematic legal system with stages and continuity; The content covers a wide range, but the core content is to protect the sanctity of private property; Infiltrated the idea of natural law.

3. The essence of Roman law: both civil law and civil law are aimed at safeguarding the interests of Roman rulers and protecting the rights of free people other than slaves. The legal system of slavery.

4. Evaluation of Roman law

(1) Roman law maintained the empire and influenced later generations. It ensured the rule of the Roman Empire in the form of law and set a shining example for the establishment of proximate cause law.

(2) Roman law is also a tool to safeguard the interests of a few slave owners, and it can't really realize "equality before the law".

Roman law is the first systematic and complete code in European history, which is not only the code of conduct of people at that time, but also has a far-reaching impact on modern society. What are the main influences of Roman law on modern society?

1. It provides an ideological source for the modern bourgeois theory of civil rights and a theoretical weapon for the bourgeoisie to defeat the church and secular feudal forces.

2. It provides a ready-made legal form for the development and consolidation of capitalist economy.

3. It provided a model for the legislation of continental European countries in modern times. Many principles and practices of contemporary legal system can be found in Roman law.