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The sources of formal law in the Roman legislature

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Formal source of law are modes of training, production, and the importance is given to the expression of principles and legal solutions. There are six sources in the Roman law: the customs, the broader law, the edicts of the law or honorary magistrates, the senatus consulta or the decree of the state, the imperial constitutions and jurisprudence (in the Roman sense of the term, closer to the doctrine).

Formal sources differ from historical sources, which are the legal inputs contributing to the formation of a legal system. These include the documents and materials that allow one to know about the legal system. The purpose of this document is to study the formal sources of Roman law. Roman law was a set of rules and legal solutions that were developed in the ancient Roman state by the various political bodies that had assumed legislative power by spontaneous means.

The legal system of the Romans shows the multiplicity of bodies featured side by side to produce the right; modes of production of law are varied, and bring an abundant production, but organized and harmonious. We found some of the sources of law, either immediate or mediator, allowing us to reconstruct the text (eg Law of the Twelve Tables) with a strong plausibility.

The custom is a rule resulting from the widespread repetition of behaviors experienced by agents as the application or expression of a rule of law. It is by nature not written.

Its existence is dependent on the meeting of 4 elements:
? A set of practices that belong in the legal field.
? Repeated use of this practice for many years.
? Belief that the practice was considered binding in the social group
? Transmission only orally from generation to generation.

Manifestations of custom: The custom was the first source of Roman law and has persisted throughout antiquity. The customary phenomenon in Rome manifested in different ways over time.

The custom was originally the domain of family practice, in the broadest sense (mores gentis): the Roman system of organization of the family was almost pyramidal, and included the sons-and daughters, and even slaves. This system is the result of customs whose observance was given to the father who was a magistrate at home: he had power of life and death over those under his authority, without having to refer to any institution. The father has the manus, the patria potestas, the mancipium and domination potestas, and these concepts are rooted in custom, such as marriage and the basis of criminal law.

Subsequently, families form a community governed by a king, and another type of customary rules is: civitatis the mores, customs of the city. Over time arose another variety of customary phenomenon: the right of the conquered peoples, the Romans were not imperialist in law, whether the right of conquered populations was consistent with the Roman law (anticipation of the principle of personal law).

The authority of custom is primarily the result of popular consent, but in the beginning, the issue did not arise because it was the only source of law.

Tags: popular consent, Roman law, senatus consulta or the decree of the state

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