THE STATIC AND DYNAMIC ASPECTS OF ROMAN LAW AS PORTRAYED IN THE SOURCES OF LAW
The dynamics of the private Roman law sources had been influenced by the conjoined action of three factors: the Romans’ conservative mentality, their practicality and the incorporation of the concepts of equity and good faith into their legal system. By virtue of the Romans’ conservative mentality,...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2015-07-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2015_articles/index.php?dir=02_privat_law%2F&download=CKS+2015_privat_law_art.023.pdf |
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| Summary: | The dynamics of the private Roman law sources had been influenced by the conjoined action of three factors: the Romans’ conservative mentality, their practicality and the incorporation of the concepts of equity and good faith into their legal system. By virtue of the Romans’ conservative mentality, their private law functioned according to less than thirty laws. Towards the end of the Republic, against the background of the economic revolution that gave variety to social relations and enhanced their complexity, many of the provisions of the old laws, including those laid down under the Law of the Twelve Tables, became inapplicable. Faced with these challenges and animated by their practicality, the Romans realized that appropriate measures had to be taken so as to strike a balance between the provisions of the law and the new demands of the ever-changing Roman social life. To this end, they started from the conviction that trade economy could not be strengthened and further develop without an effective legal ordinance. In order to counterbalance the discrepancy between the laws and the development of the social environment, the Romans resorted to procedural means and extensive research upon which they elaborated in accordance with the principles of equity and good faith. Consequently, towards the end of the Republic, the Praetor’s Edict and the jurisprudence functioned as a legal filter with a view to striking a balance between the provisions of the old laws and the new social atmosphere. Throughout this stage in the evolution of private Roman law sources, the law embodied the static aspect, whereas the Praetor’s Edict represented its dynamic counterpart. Therefore, by means of interweaving tradition with innovation, the Romans managed to modernize the private law under the impression that the old laws were still in effect. |
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| ISSN: | 2068-7796 2068-7796 |