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§ 44 The pri òàãó focus of this book is upon the classical period of the Roman law.

Nevertheless, it is fitting that the student be given some insight into the nature of the law prior to that time in order that he fully understand the significance of the various elements of the legal system at the period of its highest development, and gain some familiarity with the mechanisms of legal development in the initial stages.

The archaic and the earlier portion of the period of pre-dassical law, however, are an epoch largely charac­terized by lacunae in our knowledge of what happened and by uncertainly as to the reliability of the events which are recorded.[302] The earliest writers of Roman history, the annalists, at the turn of the 3rd/2nd centuries B.C., had only a very sparse knowledge of the happenings in Rome beyond the 4th century B.C. They filled the gaps with legends and conscious inventions to honor particular aristocratic families, elaborating historical reminiscences or borrowing from contemporary events.2 If we would avoid mere fantasy in attempting to describe the earliest ages, great care must be taken in reconstructing the early forms from the known institutions of historic times, and in determining the extent to which historical comparison enables us to relate ancient Roman ways either to borrowing from another culture, to common origin, or to like development under similar conditions? Use has been made of etymological data in refashioning earliest Rome, quite strik­ingly by an alumnus of Columbia University? And with the recent investiga­tions into pre-historic Rome, archeological evidence has been employed to bring light to the earliest beginnings? There are, thus, certain lines of development recognized by most scholars, a few landmarks to be noted, and some names and events that have been subjected to critical appraisal. Out of the totality of archaic and pre-classical legal history, briefly presented in this first chapter of Book II, will be: (A) the nature of the kingdom, rex and leges regiae, (B) the law of the Twelve Tables, (C) the role of the pon­tiffs and the divulgence of the law, and (D) the nature of magistracy.

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Source: Schiller A.A.. Roman Law: Mechanisms of Development. Mouton Publishers,1978. — 606 p.. 1978

More on the topic § 44 The pri òàãó focus of this book is upon the classical period of the Roman law.:

  1. The Classical Period of Roman Law
  2. The Pre-Classical Period of Roman Law
  3. The Post-Classical Period of Roman Law
  4. BOOK III Classical Law
  5. 77 This book is primarily concerned with the development of the classical law, more specifically, with the sources from which that law derives and with the forces which were instrumental in its development.
  6. Classical Roman law
  7. The classical period
  8. THE JURISTS IN THE CLASSICAL PERIOD
  9. The pre-classical period
  10. The Archaic Period of Roman Law
  11. The post-classical period
  12. § 69 The legal institutions of Rome of the archaic and pre-classical epoch might well serve as the basis for a course in Roman law.
  13. WOMEN IN CLASSICAL ROMAN LAW
  14. PART III THE CLASSICAL PERIOD
  15. Du Plessis P.. Studying Roman Law. Bristol Classical Press,2012. — 150 p., 2012
  16. The Classical Period (Early Empire or Principate)
  17. The Pre-classical Period (Late Republic)
  18. The Post-classical Period (Late Empire or Dominate)