Abstract: This article seeks to highlight the relevance of Roman Law as an essential basis for understanding the contemporary legal system, emphasizing its historical influence, its principles and its ability to shape the foundations of current legal thinking.
1. Introduction
Roman law, originating from the civilization that dominated much of the known world for several centuries, is often considered the forerunner of Western legal systems. Its principles, institutions and concepts provided the basis for the formation and development of law in many societies. Understanding its evolution and influence is crucial to a deep understanding of our legal roots.
2. Roman Law: A Historical Basis
The expansion of the Roman Empire brought with it the dissemination of a unified legal system, which adapted and incorporated elements of the local laws of the conquered peoples. This system, refined over centuries, resulted in a comprehensive and detailed corpus juris.
3. Influences on Contemporary Law
a) Concepts and Terminologies: Many terms and concepts used in current legal practice have their roots in Roman Law, such as "stare decisis", "habeas corpus" and "in dubio pro reo".
b) Legal Principles: Fundamental principles, such as contractual good faith and the institute of possession, have Roman origins.
c) Institutions: Many contemporary legal institutions, such as wills, property and contracts, were developed or refined in Roman law.
4. Academic Relevance
The study of Roman Law offers:
a) Historical Context: Understanding the roots and evolution of legal thought allows for a better interpretation of current norms.
b) Analytical Development: By studying legal cases, principles and solutions from an ancient civilization, students improve their analytical and critical skills.
c) Universality: Given its influence on different legal systems, Roman Law serves as a comparative tool, facilitating the understanding of other legal traditions.
5. Conclusion
Roman Law, far from being an archaic or merely historical matter, is a living source of principles and concepts that permeate contemporary law. Its study not only enriches the formation of the jurist, but also provides a solid basis for the understanding, interpretation and application of law in modern society. In an increasingly globalized world, where interaction between different legal systems is a reality, familiarity with the common roots of Roman law becomes even more valuable.