The Influence of Roman Law in Medieval Europe
This paper will discuss how law in medieval Western Europe was influenced by Roman law. The first part of the paper will briefly discuss the Roman legal system. The second part of the paper will discuss the overall impact Roman law had on medieval Europe. The third part of the paper will examine the effects Roman law had on particular countries.
Roman law is important in European history for several reasons. First, it was the only ancient system of law to consist of a fairly complete, and elaborate, body of law which governed all aspects of Roman life. Legal principles evolved which dealt with commercial transactions, the transfer of property upon marriage and death, the treatment of slaves, and even international relationships, as well as the traditional subjects of injury to person and property and criminal acts. Second, its development can be traced from rather primitive beginnings to the point where it was an elaborate system of justice, practiced by learned and skilled professionals. Third, Roman law is important because Rome controlled most of the geographic area which now makes up Western Europe. As will be explained below, the demise of the Roman Empire did not occur quickly and the Roman institutions did not completely disappear from Europe along with the legions. European society continued to function through the use of some Roman institutions, although they were modified in their forms. Consequently, European law was greatly influenced by Roman law, even though the terms of Roman law were not generally used.
Roman law was essentially divided in three different ways. First, it was divided into jus civile, jus gentium, and jus naturale. Jus civile was law peculiar to each State and applied only to its own citizens; jus gentium applied to Roman citizens and strangers alike; jus naturale was similar to jus gentium in that some writers considered it to be idea...