保齡球

羅馬法(Roman law)

羅馬共和國與羅馬帝國的法律。羅馬法對大多數西方文明的發展都有影響。它涵蓋了繼承權益、義務關係(包括契約)、財產(包括奴隸)和個人權益。大多數法律都是在主要由貴族家族主導的議會上通過的,雖然行政官的裁定也很重要。後來的皇帝們都越過這些形式而釋出他們自己的政令。法官的解釋也在法律上佔有份量。儘管作了各種嘗試來收集和簡化現有的法律(從十二銅表法開始),但至今最成功的是查士丁尼一世所做的努力,他的法典超越了所有以前的法律,成為羅馬帝國的法律遺產。羅馬的法律程式是現代民法國家中的程式基礎。在共和國早期,原告必須請被告上法庭,或用武力迫使他出庭。然後由行政官在陪審員(judex)或傑出人士(門外漢)面前決定是否要繼續審理該案件。陪審員傾聽辯護律師的論點,並向證人提問;他可作出決定,但無權執行。在共和國後期,行政官和法院有了更大的權力:由法院發出傳喚;只在一個行政官面前舉行審判;並由法院負責判決的執行。

English version:

Roman law

Law of the Roman republic and empire. Roman law has influenced the development of law in most of Western civilization. It dealt with matters of succession (or inheritance),obligations (including contracts),property (including slaves),and persons. Most laws were passed by assemblies dominated by the patrician families,though the rulings of magistrates were also important. Later emperors bypassed these forms and issued their own decrees. The interpretations of jurists also came to have the weight of law. Though various attempts were made to gather and simplify existing laws (beginning with the Twelve Tables),by far the most successful effort was that of Justinian I,whose code superseded all previous laws and formed the Roman Empire's legal legacy. Roman legal procedure is the basis for modern procedure in civil-law countries. In the early Republic,the plaintiff was required to call the defendant to court or bring him by force. A magistrate then decided whether the case should go before a judex,or prominent layman. The judex heard advocates give arguments and question witnesses; he made a decision but had no power to execute it. In the later Republic,much greater power was placed in the hands of the magistrates and courts: the summons was issued by the court,the trial was held only before a magistrate,and the court became responsible for the execution of the sentence.