§ 41 The legal system of the people of a given state is usually taken to coincide with the period of the independent political existence of that state.
Hence, Roman law might be said to date from the legendary founding of the city in 754 B.C. to the conquest of the western portion of the Roman Empire in 476 A.D., or even to the downfall of the Byzantine state in 1453 A.D.
By common consensus, however, Roman law in the strict sense of the term ends with the reign of the emperor Justinian I (527-565 A.D.)? For it was at that time that was fashioned the codification of the earlier law, the Corpus luris Civilis as it came to be known, the final statement of the Roman law of the preceding centuries which so profoundly influenced the legal systems of the ages to come. In the strict sense of the term, then, Roman law existed for more than thirteen centuries. No legal system can have remained static for such a long period of time. Indeed, the Roman legal system discloses a remarkable degree of internal development in all fields of the law, not to speak of the changes brought about by contact with the legal systems of the subject peoples, eventually citizens, of the Roman Empire.It has been indicated in earlier chapters that the study of Roman law as presented in this book will largely be concerned with the epoch during which the law reached the apogee of its development. However this period may be delimited, it seems evident that its relation to the other epochs over the centuries should be described. Accordingly, the manner in which modern scholars have treated of the succession of periods in the evolution of the Roman law is presented in the following section.
More on the topic § 41 The legal system of the people of a given state is usually taken to coincide with the period of the independent political existence of that state.:
- No concept is more central to political discourse and political analysis than that of the state.
- Governance, the state and political power
- 4 Decentralization of State Hospital System Governance
- This chapter explores and evaluates poststructuralist approaches to the political theory and analysis of the state.
- Adjudication of public crimes by the people may have been efficacious in the context of a small city-state composed of conservative farmers and middle-class citizens.
- The idea of the state of nature was a fundamental way for early modern thinkers to make sense of the emergence of the political.[875]
- The so-called ‘new institutionalism’ is a relatively recent addition to the pantheon of theories of the state and, like some of the other perspectives considered in this volume, it is by no means only a theory of the state
- Like Henry Higgins who, through his work changed the object of his studies into something other than what it was, the purpose of the Marxist theory of the state is not just to understand the capitalist state but to aid in its destruction. (Wolfe 1974: 131)
- As we saw, the man who really ‘‘invented” the state was Thomas Hobbes. From his time up to the present, one of its most important functions - as of all previous forms of political organization - had been to wage war against others of its kind.
- HI. LEGAL HISTORY AS A MEANS Of UNDERSTANDING THE PRESENT STATE OF OUR LAW
- Political Organisation of the Regal Period
- Describing a Legal System
- The state and problems of legitimacy
- The concept of the state
- The state as institutional contextualization