The Role of Roman Law in the Formation of the State and Modern Law

IF 0.3 Q3 LAW
Erida Pejo, Esmeralda Kolaneci
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引用次数: 0

Abstract

The research aims to determine the role that Roman law played in the development of modern jurisprudence. Several methods of theoretical cognition were used in the course of the study, such as analysis, synthesis, comparison, specification, and generalization. As a result, some conclusions have been reached, in particular, that the mechanisms and principles of the Roman legal order, which have existed for many centuries, remain relevant in the modern legal context, and have influenced the formation of political and institutional structures, especially in the field of market relations and economic development. In addition, the study identifies how different branches of Roman law have influenced the further development of jurisprudence. Roman public law (ius publicum) influenced the development of constitutional law in modern countries by regulating relations between the state and citizens. Roman private law (ius privatum) defined the foundations of modern civil law systems, regulating the rights and obligations of citizens among themselves. Also, with the development of trade in Rome, the concept of ius gentium or “law of nations” emerged, which became the basis of modern international law through the formalization of rules and regulations governing the international exchange and circulation of goods.
罗马法在国家和现代法律形成过程中的作用
本研究旨在确定罗马法在现代法理学发展中所起的作用。研究过程中使用了多种理论认知方法,如分析、综合、比较、具体化和概括。研究结果得出了一些结论,特别是罗马法律秩序的机制和原则已经存在了多个世纪,在现代法律背景下仍然适用,并影响了政治和制度结构的形成,尤其是在市场关系和经济发展领域。此外,本研究还确定了罗马法的不同分支如何影响了法理学的进一步发展。罗马公法(ius publicum)通过规范国家与公民之间的关系影响了现代国家宪法的发展。罗马私法(ius privatum)确定了现代民法体系的基础,规范了公民之间的权利和义务。此外,随着罗马贸易的发展,出现了万国法(ius gentium)或 "万国法 "的概念,它通过正式确定规范国际商品交换和流通的规则和条例,成为现代国际法的基础。
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来源期刊
CiteScore
0.50
自引率
0.00%
发文量
10
期刊介绍: The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.
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