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Edward DeV. Bunn, Jr.
The Origin of Western Judicial Systems
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The
Origin of Western Judicial Systems is a historical perspective look at
the rich and wonderful beginnings of judicial systems in the Roman
Empire.
The law of ancient Rome spans almost six centuries of history—from
the time of the city’s founding in 753 BC until the fall of Rome’s
Western Empire in the fifth century AD—and provides the backdrop for
many of today’s legal practices. As a legal system, Roman law has
affected the development of law in most of Western civilization as well
as parts of the East. This law formed the basis for the legal codes of
most continental European countries and is one of the greatest legacies
of the Roman Empire.
In 753 BC, the city of Rome and its administration, which was the
nucleus of the Roman Empire, began as a monarchy, but by the end of the
sixth century BC kings had been replaced by the Roman Republic. The
Republic was located on the banks of the Tiber River in Italy where the
birth of the modern judicial system occurred. The earliest laws of
Rome, the ius civile, based on Roman Catholic Pontiff’s
interpretation of the Bible, were unwritten customs passed on orally
from one generation to the next in a folk heritage fashion.
Initially, ius civile was only applicable Roman citizens and
is considered to be the first civil laws specifically designed to
regulate the behavior of a defined community of citizens. From these
humble beginnings of ius civile, Roman law grew into the first
written laws of the Empire, the Twelve Tables of Roman Law. The Twelve
Tables, through interpretation and modification by Praetors, Jurists and
Advocates, became the basis for what is known today as civil law and was
first outlined and systematized in such renowned works as The
Institutes and The Digest.
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