The Roman law
The Roman law was successfully codified to be in line with the roman customs. The coded form became one of the most valuable cultural heritages in medieval Europe, because it shaped the laws. The initial customary laws were efficiently transferred from one generation to another but created various conflicts over custom and human rights, since they were venerable to abuse by judges and favoured particular social classes.
The customary laws come to existence through joint community suggestions; however, unilateral suggestions by individuals caused division along tribal lines and centuries. The law then developed through establishments by the praetor’s decrees as well as senate verifications or resolutions as well as opinions of lawyers/jurists. The judges would seek opinions of the jurists to make final judgements. The jurists ‘opinions therefore assisted in enhancing the law with the required quality.
Various constitutions of the roman emperors also played significant roles in formation of the Roman law. The law generally provided a distinction between the concept of property ownership and possession. According to Stein (3), Roman law is very similar to many current codes since its supports that a property owner has a right over property and can use it for personal gain, but a possessor is only in control for a limited period of contract, lease, employment or commission.
The first Roman emperor had an introductory law that was acceptable to many proceeding emperors. Contemporary civil systems therefore have a root on the Roman Emperor Law especially the juridical terminologies.
The Hammurabi/Roman Law
The Hammurabi/Roman Law that was practiced during the 8th Century by Babylon rulers indicated that a wrong act faced tough law, thus the “eye for an eye” application. The law was applied regardless of the victim gender. Problems on the subject of adultery meant that the victim had to prove his/her innocence before the priest by swearing. If found culprit of such acts, the victim would be forced to jump and drown in the sea.
Although the rules of the society were harsh, such as support for divorce without considering reasons, a woman still had the right to claim share of the property as long as they had children with the husband. Failure to prove her innocence also indicated that the man had a right to keep her as a servant and fail to pay dowry. Serious cases were however dealt with by the courts and the outcome was a sentence to death through drowning.
These were strict rules that various societies leant and implemented although the code differed from one to the other. The rule was an indication over the importance of regulating the society, for instance to ensure social order, legitimacy and proper administration of wealth. Various laws are extremely unique in their cultural settings, but have a close interconnection on these importance and reasons. Code of Hammurabi was an original establishment meant to ascertain order.
The law was however harsh, strict and made a distinction between the social-economic classes and social believe that the code came to reality from the sun gods as opposed to establishment by societal leaders. A common aspect of the law was fairness or just treatment for everyone in the society.
Code of Hammurabi made the society to be a culture made by people and their achievements through thoughts or physical existence. It included both the mental and physical resources that integrated beliefs, customs and values into a common system. This code provided evidence that the law gives people a sense of identity, security, continuity and dignity. Law represents the religious society made of perpetually dynamic individuals, groups, or associations (Stein, 31).
Most problems in the society regard knowledge or faithfulness between social-economic values and culture. We fail to administer the law because culture involves achievements. Today’s society is not only about growth but is concern with material achievements and system governance. According to Stein (28), societies have a culture that assimilates various aspects, provides the procedures and specifications of engaging societal believes and promote ethics.
Stein, Peter. Roman Law in European History. London, UK: Cambridge Press Printers. 2005. Press.