Different types of roman law

There were different sets and kinds of Roman law evolved from time to
time. They can be summarised as follows:-

Jus Civile: It was the set of laws meant only for the Romans. These were
not applicable to foreigners living in Rome. These laws were not applicable to
people belonging to the conquered territories also. It consisted of Twelve Tables of
laws. The property and family rights of the citizens were determined according to these laws.
Jus Gentium26: In the initial period, the Roman law was applicable only to
the Roman citizens. However, when the Roman Empire spread, they came in
contact with multitude of civilizations. Then disputes arose in which men from
different cultural backgrounds were involved. It became necessary to formulate
laws which were applicable to law. Equality of men became the fundamental of
law. The law should be applicable to all. It should be acceptable to all also.
Therefore, it had to be based on the principle of natural justice. To initiate such a
legal system, magistrates were appointed. They considered the existing customs
and practices and traditions in deciding disputes. While doing so, they referred to
the edicts of their predecessors also. Slowly and steadily, a comprehensive
system of law emerged which was applicable people belonging to different
backgrounds. Thus Jus gentium was born. These laws were applicable to both
citizens and foreigners. It was a combination of the Stoic ideas and the local law.
These were generally recognized by the people as reasonable ideas.
Jus Naturale: The natural law is higher than the law of nations or Jus
Gentium. It is based on the nature of man. It is the natural path of man. Since
the meaning of ‘nature’ is not very clear, the content of natural law also is not
clear. But, the law of the land could be criticized on the basis of the natural law.
These were the works of philosophers. These laws were based on philosophy. It very well influenced the Roman law makers.

Roman Law: In the course of time, the Roman Empire spread. Then, there
was a need for the fusion of jus gentium and jus civile and Jus Naturale. For this
purpose, the Roman Emperor appointed a set of Jurists. The Roman Jurists27
combined Jus Civile and Jus Naturale in the light of Jus naturale. Thus, the
Roman law was born. So the Roman Law was a combination of Jus Civile, Jus
Gentium and Jus Naturale.
The Code of Justinian: The Code of Justinian was developed during the
reign of emperor Justinian. It had profound influence on the Western Civilization.

It consisted of the following:
The Institute: These were the legal achievement of Roman Lawyers called
Gains, Marcian and Florentinus.
The Digest: It contained excerpts from the famous pronouncements of
some of the well known legal pronouncements.
The Decrees: These are the laws from the earliest period of the Empire.
The Novelli: These were the laws of the Emperor Justinian.

The Roman contribution to Law can be summarised as follows:-
1. Secularisation of Law: The most important feature Roman Law is the
Secular28 nature of Law. Earlier, law was made by religions. The state had
no role in making laws. But by now, making law became the duty of state.
Law separated from ethics and religion. The law is no more a product of
religion or ethics. Therefore, people of all religions could follow the same Secular Law. This was the greatest contribution of Romans to Europe. 2. Universal nature of Law: The Roman Law was universal in character. It
was applicable to people of all religion and all places. Law became
cosmopolitan.
3. Individual as the Centre of Legal Thought: In Roman thought, Individual
was the centre of Law. A race or a religion was not the centre of law. Law was made not for a race or religion. It was made for all. It was made for the
individual members of society. Each person had their own rights and
duties. It was the function of the state to protect the rights of the
individual.
4. State as a Legal Person: The State was viewed as a legal person exercising
its authority within certain limits. Like an individual, the State can sue29
and be sued. The purpose of state is the protection of the individual’s
rights.
5. People, the source of Law: Rome was a Monarchy30. Later it became a
Republic.31 The ultimate authority resided in the people. The Emperor was
only an agent of the people. He was responsible to the people.
6. Contractual Nature of Law: The Roman Law was a contract between the
case parties and the jurists. The magistrate or the jurists proposed32 the
law and the people ratified33 it. The law was not imposed upon people. But
it was like a contract. It was like a mutual agreement.
7. Power of the Community: There is one concept developed by the Romans
without the help of the Greeks. This is the idea of imperium. It is nothing
but sovereignty. It is with the people. It is the power to issue orders. It
means executive authority. This is an original contribution of the Romans.
In the initial period, the authority to issue orders was vested with the
Monarch. Later on, when the Republic was formed, the Imperium got
transferred to few officers. It indirectly was vested on the people. This concept gave a legal personality to the state.
8. Changing Nature of Power: During the period of Monarchy, imperium or
sovereignty resided with the king. On the death of the King, imperium
passed on to the successor. During the period of Republic, the imperium
was with a number of officers. These officers were responsible to the
people. So ultimately, the power of the state reached the peoples from the Monarch.
So friend this is all about the roman law and thanks for reading.