Roman Roots at Plateau du Kirchberg: Recent Examples of Explicit References to Roman Law in the Case-Law of the Court of Justice of the EU’ in Mater Familias: Scritti romanistici per Maria Zabłocka (2016) (original) (raw)
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Roman Law and European Legal Culture (eds. A. Dębiński, M.Jońca)
1. Antoni Dębiński: Introduction to the subject of the conference: the role and significance of Roman law in the legal history of Europe 2. Tomasz Giaro: Roman Law always dies with a codification 3: Mychajło Bajmuratow From Roman municypia to modern local government 4: Paul du Plessis The development of legal doctrine in the ius commune: a case study 5: Wołodymyr Kossak The reception of Roman law regulations on mortgage in the legislation of Ukraine 6: Michal Skreipek Roman roots of contract of bailment in Czech law 7: Jewhen Charytonow Roman law reception in contemporary Ukrainian civil law 8: Wojciech Dajczak The civilian tradition and the modern debate on the rules of private law. Remarks against the factors of unjustified enrichment 9: Marek Kurylowicz Roman law as a universal ethical metaphor (on the example of Louis Aragon and Mieczyslaw Jastrun)
The Revival of Roman Law and the European Legal Tradition
Emory Legal Studies Research Paper, 2018
From the eleventh century onward, Justinian’s Roman law permeated all European legal systems to different degrees and at different times. The development of Roman law in Europe was not uniform. It followed different courses, had different emphases, and took on different details in each of the major European countries. The fusion of Roman law, canon law, and feudal law produced the ius commune, a common legal system in Europe in force until the era of national codifications. At the end of the sixteenth century, almost all of continental Europe was ruled by ius commune, with significant local variants (ius proprium), and a body of common legal literature. Roman law infused both Catholic Europe and the Protestant culture of Northern Europe. Around 1700, Roman law was used to identify the basic moral principles of natural law and the law of nations. Around 1800, Roman law influenced the French Civil Code and many others in the so-called age of codification. With the German Civil Code (BGB) coming into force in 1900, Roman law lost its direct applicability in European legal practice. Yet the Roman law tradition itself has survived: civil law systems have been so influenced by Roman law that legal interpretation remains incomplete if it does not take into consideration Roman legal sources. In our own day, the study of Roman law has educational purposes and may prove instrumental in the development of a new global law.
Journal of Security and Sustainability Issues , 2023
This study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however-in a sense-an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world.
Journal of Modern Science, 2022
It is believed that in the post-modern age the legal security and the predictability of judicial decisions have entered a crisis because the principle of the judge’s subjection to the statute is also in crisis. The Roman law could teach us that the legal security and the predictability of judicial outcomes have experienced a pre-modern age where they were not linked to the modern principle of the judge’s subjection to the statute but were instead linked to the principle of unambiguous, clear and precise wording of the legal paradigms which the judge was subjected to in order to deliver his judgment. According to the Roman foundations of the European law, the institutions of the European Union have drawn our attention back to the necessity of unambiguous, clear and precise legal text. The Latin sources analysed here show the use of the formulae («precise, strict, and simple») and not of the statutes as a guarantee of predictability of judgement outcomes and as a control of the sentences of the judges. We may say that the judge in the Roman formulary procedure was subject to the magistrate’s formula and not to the statutes, because the relationship was between the judge and the formula and not between the judge and the statute. In conclusions, the current crisis of the statute should not necessarily lead us to abandon the need to guide the judges’ decisions with clear, precise and unambiguous legal paradigm.
Roman Legal Tradition as an Identity-Factor towards a New Europe: Five Pillars for the Future?
Diritto romano fra tradizione e modernità, 2017
Il contributo, pensato per una platea di giuristi non appartenenti alla tradizione europea, si propone di identificare, in via di sintesi e nella cornice di un dibattito culturale, le idee-chiave del diritto privato, derivanti dal diritto romano, che contribuiscono all’identità stessa dell’Europa. In effetti, le idee di persona, proprietà, obbligazione, contratto e successione rappresentano i pilastri di un’intera tradizione giuridica.
Collected Papers of Zagreb Law Faculty, 2023
The first issue of the International Memorial Course Marko Petrak – Roman Legal Tradition and Contemporary Legal Systems, organised by the Faculty of Law in Zagreb, was held at the Inter-University Centre in Dubrovnik from the 16th to 18th of October 2023. The course was organised in honour and memory of eminent professor and scholar, the late lamented Marko Petrak. The course was planned by the co-directors from different European universities (University of Zagreb; University of Trento; University of Warsaw; Jagiellonian University, Kraków; Autonomous University of Barcelona; University of Sarajevo), while the main organisers from the Faculty of Law in Zagreb were Professor Tomislav Karlović and Associate Professor Henrik-Riko Held. The course was attended by forty participants: students from various European countries (Slovenia, Poland, Croatia, Bosnia and Herzegovina, Italy, etc.) and eminent professors and scholars from various distinguished European universities and institutions (e.g. Trento, Torino, Ferrara, Macerata, Frankfurt am Main, Kraków, Warsaw, Ljubljana, etc.). The organizers and the participants were also joined by Marko Petrak’s mother, Professor Jelka Petrak (Faculty of Medicine, University of Zagreb). During the course various topics were covered in three thematic blocks: Roman Legal Tradition, Methodology and Teaching of Roman Law in Contemporary World (first day), Roman Legal Issues (first and second day) and Medieval and Canon Law Contributions to the Roman Legal Tradition and vice versa (third day).
Roman Jurists and the Empire: History and Interpretation
Jurists and Legal Science in the History of Roman Law, 2021
page 4. (III): reaching the textual layer of classical jurists 5. The edition of Ulpian's De officio proconsulis: purpose and method 6. D. 48.18.1.23: mechanical errors and glosses 7. D. 48.18.1 pr.-4: error by haplography 8. D. 1.16.6pr.-2: mechanical errors and intentional alterations 9. Coll. 3.3.1 and D. 1.6.2: dual tradition and emendation 10. Paratext 11. Juristic books as 'Literature' 11. The Code System. Reorganizing Roman Law and Legal Literature in the Late Antique Period (translated by Carole Gustely Cürten) Detlef Liebs 1. The digest system 2. Pseudo-Paul's Sententiae 3. Codex Gregorianus 4. Codex Hermogenianus 5. Hermogenian's Iuris epitomae 6. Pseudo-Ulpian's Opiniones 7. Codex Theodosianus 8. Codex Iustinianus 9. Justinian's Digesta 10.
The Foundations of Roman Legal Culture: Ius, Lex, and Legal Certainty
This paper, which (in shortened form) was originally delivered at a conference in Bologna in 2013 and in revised form as the SCS lecture at the University of Pennsylvania in 2015, attempts to present my own views as the development of Roman legal culture during the early Empire. The paper still needs some work, particularly as to "ius quo utimur," and the bibliography also needs updating. Comments are welcomed, in the meantime.
The Common History of European Legal Scholarship
Erasmus Law Review, 2011
This paper traces the common history of European legal scholarship from its beginning in the late 12 th century to the development of national codifications which started some six centuries later. During this period, Roman law was of great importance in the universities, and Justinian's Corpus Iuris Civilis was the central text for legal studies. We will look at the different approaches to this body of text that legal scholarship has taken over the years. Still, Roman law did not have a complete monopoly: we will have a look as well at Canon law and Moral Theology, which also developed a system of legal norms, but on an entirely different basis. They paved the way for Natural law, which-in a critical dialogue with Roman law-paved the way for modern codifications.