The oldest extant Roman sources of law - the laws issued by the Roman kings.One of the most important laws of that time considered to be the Laws of the Twelve Tables.This historic document scientists refer to the middle of the V century BC.e.While Roman law was already clearly separate from religious dogma.
in 367 BC.e.Tsivil Tseks issued a law that was first introduced such a position as Praetor.Praetor is elected annually, and the candidates for the post were mostly praetor edicts.A person elected to the position of Praetor could, to the extent necessary to supplement the sources of law and in its sole discretion to accept outdated laws inconsistent with the needs of modern society.
an expression such as "sources of Roman law", and can be used to indicate the sources of knowledge of law at that time.These sources include documents of a legal procedure, for example, odifikatsiya published by the Emperor Justinian, as well as the work of lawyers and especially the works of Roman historians: Tacitus, Ammianus Marcellinus, Livy.Also of great interest for science are such sources of Roman law as works of orators, writers and philosophers of antiquity.
important sources of the study of Roman law are survived the inscription on the stone, wood and bronze ("Herakleian table"), on the walls of buildings (inscriptions found during excavations of Pompeii), and so on. D. Since the second half of the XIX century.found inscriptions began to publish in the publication «Corpus inscriptionum latinarum», to unite and systematize available historical documents.Sources of Roman law were carefully studied, and because Roman law became the basis of civil law in many European countries, it is quite natural that his sources have become the object of study for the jurists of the time.
The oldest source of law in Rome is considered to be a set of legal norms and practices.The modern theory of law, the term "legal practice" to understand the rules of conduct, which was formed as a result of its long-term use and recognized by the state and society as a mandatory rule for all.
these symptoms are typical for legal custom in ancient Rome.Famous Roman lawyer Julian talked about the limitations of application of a general custom and tacit consent to its application.
norms of Roman law included the traditions of their ancestors;common practice;customs of the priests;practices that have developed in practice magistrates.Common law, which existed at Rome in the imperial period, refer to the term «consuetude».
In Rome, customary law long period of time has played a significant role in the settlement of social relations.The legal customs and norms recognized by the state and society on par with the laws.
addition to customary law in the ancient period in Roman society as sources of law to apply the law.At first such laws were various pieces of legislation that have traditionally taken people's assemblies and approved by the Senate.
coexistence at a single legal customs and laws in society, the question arises of how to relate to each of these sources of Roman law?
The inhabitants of ancient Rome there is no doubt that any law could be repealed legal custom.The lawyers of the time also thought that for a long time used the legal practice may, if necessary, to repeal the law.
Sources of Roman private law are scrutinized by modern historians, and their research has taken a long time scale of a separate branch of science.
