Roman classical jurisprudence, Roman jurisprudence from the late period to the 3rd century A.D. ... The first written law of Rome, The Law of Twelve Bronze Tables (see Roman law), was originally very simple. It was promulgated in the middle of the 5th century BC, and was destroyed shortly after its promulgation, leaving the rest incomplete. Since the 3rd century BC, the territory of Rome has gradually expanded, with frequent contacts with Greece, Egypt and other countries, and various ethnic groups live together, resulting in many legal problems to be solved. At first, the knowledge of religion, astronomy, law and the authority to solve legal problems were monopolized by the monks in the nobility. In 254 BC, Gorenka, a monk among the common people, made all relevant documents public and publicly explained the law, so people who studied the law were not limited to monks. Due to the increasing number of legal researchers and the influence of Greek philosophy, art and science, the interpretation of law has also broken through the original situation of sticking to words and ignoring theory. Some jurists also compile legal questions and their answers into books, and also sum up general laws from individual questions. By the end of * * * and the last year, some people even edited these rules into a book in the form of aphorisms. Problems that are not stipulated by law should be solved according to the rules in the book, so that Roman jurisprudence can be developed.
During the reign of Augustus (27 BC-A.D. 14 years), M.A. Labeo (about 50 BC-A.D. 20 years) and G.A. capito (? ~ ad 22) these two great jurists argued with each other and formed two factions. Rabe is well-read, politically insists on * * * and political power, advocates legal innovation, and served as a magistrate. However, he did not accept the important position of Augustus ruling Rome, and engaged in teaching and writing all the year round. After his death, his works, including Notes on Twelve Copper Tables, amounted to 400 volumes. When Justinian was in power, he compiled Essays in 533 AD, citing many references. Rabeo's opponent, capito, supported the imperial government and had less influence in the legal field than Rabeo. Labeo's master mainly includes Prokulus, while capito has his master M. Sabin (? ~ ad 64). The two sides held their own words and had a heated debate. Therefore, later generations replaced the original Rabeo and Cabido with the opposition between Prokulus and Sabine. At the beginning of the 20th century, P.J. Kelsus (about 67 ~ 130) was the main successor of Prokulus, and S. Julianus and others were the main successors of Sabin. At that time, the two factions had gradually become harmonious, and then S. Pompinius (? ~ about 16 1) and gaius, two great scholars, the latter claimed to belong to Sabine school, and his life experience was unknown. They made important contributions to Roman jurisprudence, especially Gaius's Ladder of Law, which has long been used as a teaching material for law students. Justinian completed The Ladder of Law in 533 AD, which was based on his original work. The manuscript of this book was discovered by German historian B.G. niebuhr (1776 ~ 183 1) in the Italian Verona Library in 18 16.
The jurist's answer is that Roman law developed from the imperial government in 27 BC to Diocletian's reign (284 ~ 305). During this period, jurists' answers became an important part of Roman law at that time. Jurists have four activities: compiling, handling cases, defending and writing, among which the most important contribution to Roman law is defending and writing. The principle of jurists in solving problems is that whenever it is unfair to solve problems by the same method, new concrete methods will be deduced from the basic principles of solving problems by the old methods. However, emperors of past dynasties have always taken a restrictive attitude towards jurists' answers. First of all, Augustus restricted the reply of jurists and stipulated the so-called privilege of reply, that is, the reply of jurists enjoying this privilege has legal effect. Later emperors followed this method. Emperor Hadrian (reigned 1 17 ~ 138) stipulated that jurists' answers to the same question only have legal effect if their contents are consistent. If it is inconsistent, the judge can decide whether to use it.
The Law of Introduction, promulgated by five great jurists in 426 AD and effective in the Eastern and Western Roman empires, officially recognized Gaius, J. Paul (? ~ about 222), D. Urbian (about 170 ~ 228), A. Papinian (about 150 ~ 2 12) and H. Modestinus (? ~ about 244) The answers of the five great jurists have legal effect; It also stipulates that all legal issues that are not expressly stipulated shall be solved according to the answers of the five great jurists; If their answers are inconsistent, it depends on the majority; When the figures are the same, Papinian's explanation shall prevail.
Roman law can be divided into civil law and civil law. Civil law applies to Roman citizens, and civil law applies to relations between non-Roman citizens or between them and Roman citizens. Among the five great jurists, papini Ann and Modestinus and another jurist, U marcellus (? ~ about 166) also contributed to the reconciliation of contradictions between civil law and civil law.
In terms of legal theory, as early as the1~ 2nd century, under the influence of Greek philosophy and natural law, Kelsus of Prokulus School defined law: "Law is the art of determining goodness and fairness." This debate marks the change of the old view that patriarchy is superior to national law in the Law of Twelve Bronze Tables, which has played a positive role in the development of Roman jurisprudence. Urbian, one of the five great jurists, thinks that natural law is a rule between living things. In the classification of Roman law, he advocated that it be divided into three categories: civil law, civil law and natural law (see classical natural law school), and pointed out that the civil law stipulated that slaves were not regarded as human beings, while the natural law believed that all people were equal. Another Roman jurist, Florenty Yunus (? ~ about11) also thinks that slavery is against nature. Gaius has no clear definition of natural law, but he advocates dichotomy, that is, the combination of natural law and civil law is opposite to civil law.
Roman jurisprudence in the 3rd ~ 6th century, the historical stage of Roman jurisprudence, is mainly manifested in the contribution of jurists in codification. The Code of Gregory Annous promulgated in 294 AD was originally a law from the reign of Emperor Hadrian to 294, and the code was named after the editor-in-chief of jurist Gregory Annous. The Code of harmony and Annous was promulgated in 324, and was also named after harmony Annous, a jurist who edited the code. The western code of diodo was promulgated in 438. Although it was named after Emperor Theodosius II of the Eastern Roman Empire, the compilation of this code depends on the joint efforts of many jurists. As for The Complete Book of Justinian Civil Law, The Justinian Code, The Collection of Doctrines and The Ladder of Law, they were compiled by a committee of legal experts elected by Emperor Justinian (reigned from 525 to 565) and presided over by the famous jurist Tripol Nijanus (about 470 to 545). The compilation of "The Ladder of Law" was mainly due to his suggestion, and the task was completed by three law professors. The last part of the New Law was also compiled into a book by jurists who collected the decrees promulgated during Justinian's administration.