ROMAN LAW AS THE IDEOLOGICAL PARADIGM OF WESTERN TRADITIONS OF LAW
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
In the article it is illustrated the issues of the influence of Roman law as a theoretical, methodological and axiological basis for the formation of the Western tradition of law. The article emphasizes that in order to determine the nature and content of the category «the western tradition of law», the forms of its manifestation and the correlation with other legal phenomena, it is important to characterize the most significant features of Roman law. It is analysed the content and significance of such significant features of Roman law as its law-making character; formation of a large number of practicing lawyers; a constant process of creating special textbooks on law and treaties of a monographic nature, which, to a certain extent, can be considered legal textbooks; formation of law schools and legal education system. It is emphasized that the key factor of Roman law was the «Laws of the XII tables», as the first set of written laws, the purpose of which was to give knowledge of laws to all the people. Considered this, it can be argued that the «Laws of the XII tables» had the value of a law textbook, and with their appearance in ancient Rome, the development of an elementary, even legal education, has begun. It is emphasized the thesis that the formation of the system of legal education has become an important component of the formation and development of the jurisprudence of Ancient Rome. Characteristics of the distinctive features of the main legal schools of Ancient Rome are given. It is illustrated the variety of scientific forms and practical activity of Roman lawyers, including professors of legal educational institutions, whose merit was the transformation of applicative knowledge into science. It is pointed out the importance for the development of Ukraine's legal system the creative perception of legal norms, legal techniques and legal experience accumulated within the framework of the Western tradition of law.
Authors and Affiliations
Evgeniy Zozulya, Ivan Ivanov
Keywords
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- EP ID EP405708
- DOI 10.32366/2523-4269-2018-64-3-19-24
- Views 96
- Downloads 0
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