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Roman Achievements in the Field of Law

 

It is generally an accepted opinion that the system of a lawful civilization is one of the most outstanding contributions attributed to the Romans. During the early years of the Roman governments, the military and monarchy were considered of much greater importance than issues of the people. The legend that explains the ending of this system, and the beginning of a new government, designed to provide more liberal standards to maintain civility among the citizens of Rome, speaks to a tyrannical ruler, who around 534 BC gained control over Rome's people.

 

An Etruscan, Tarquin the Proud, gained control of the kingship, and eventually his brutal rule took such a violent turn as to pit the citizens of Rome against the monarchy. When Lucretia, a Roman wife, was raped by this tyrant, and subsequently committed suicide to end her dishonor, the Romans took up arms and revolted against the current establishment. It was then that Romans took back their lives and overthrew the Etruscan ruler. The very idea of monarchy as a form of government was so appalling to them following the recent heinous acts committed by their last ruler, that such rule was no longer a consideration for them.

 

There were changes taking place in culture and customs in Rome, starting with the teaching of the Stoics to the new decision-makers, the judges. Mainly, however the edicts of the praetors, or magistrates had power to define or interpret laws of the state for its people. They would then give instructions to the judges on what could be done in any given suit put forth to this government. The greatest part of the Roman government was achieved under the Principate. This then extended to the lives of the citizens and gave certain jury members the right to study issues of government and define and deliver decisions based on opinions drawn from these cases on trial. These jurists had gained reputation through their writing and practicing of the Roman law. And these definitions of the law, put forth by the jurists began a scientific and philosophical issue of lawfulness. This began the basis of Roman jurisprudence.

 

Three branches were developed through this new form of government; Civil Law, Law of People, and Natural Law. The first; Civil Law was laws designed to create peace among Roman citizens. The second law, Law of Peoples was designed to regulate actions towards and those actions from people of all nationalities. This law established ownership of property, purchase and sale of properties, as well as contractual agreements between people. The third law, Natural Law, was based on philosophical rights of mankind. It argued that mankind's rights are declared superior to those of the state, and "any ruler that defies it automatically becomes a tyrant." One cannot help but wonder if this last law was designed to protect people of Rome from a reoccurrence of the acts infringing on such basic human rights, performed by the tyrant Tarquin the Proud.

 

Although jurists did not consider this Natural or "True" Law to be an automatic stifling of the other two branches of government, they did, in fact, make it an underlying influence on each law written and defined, deciding that government must be at peace with its people for there to be a people to necessitate a government.

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