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Concluding Note

Roman law has been one of the most important unifying factors in the development of the European civil law tradition. Despite the diversity in the responses of modem civil law systems to various legal issues, a considerable degree of uniformity throughout the civil law family still exists today.

The most obvious element of unity is naturally provided by the fact that civil law systems are all derived from the same sources, and that they have classified their legal institutions in accordance with a commonly accepted scheme which existed prior to their own development, and which at some stage in their growth they took over and made their own. The distinctive characteristics of the civil law systems become apparent when one considers the structure and language of the modem civil codes, legal methodology, the nature of judicial process and judicial reasoning, styles of legal thinking and argumentation, attitudes to legal education and the activities of lawyers and legal scholars in civil law countries. As Roman law forms an important part of the intellectual background of so many legal systems, its study is an integral part of the modem comparative study of legal systems and legal traditions. Roman law constitutes, above all, an essential part of the history of civilisation. If studied in its historical context it can offer valuable insights into the growth and progress of law as a social and cultural phenomenon.


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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

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