로마법 연구의 현대적 의미

Abstract

One may ask why we must still study the ancient roman law in the 21st century. This article tries to give an answer to the question by showing some astonishing aspects of the roman law. First of all the Romans did not like codifications and maintained this conservative attitude. They preferred a gradual development through juristic discussion. Secondly the Romans distinguished the law very strictly from all that ist not law Within the realm of the law the work of subdivision and isolation was continued. The most significant separation was the severance of public law(ius publicum) from private law(ius privatum). Therefore the classical jurisprudence consisted mainly in the science of private law the science relating to the private law of the City of Rome and private Italic law. Thirdly. the Romans avoided abstract formulation and juristic definitions The casuistic method of the roman jurists gave to classical literature a vivacity and freshness which could never have been attained by a strict theoretical system. Fourthly, an essential charateristic of Roman law was simplicity not multiplicity and love of variations. The language of classical jurisprudence was a special language, a scientific language which lays decisive on plainness, simplicity and clarity All these charateristic features of Roman law made it one of the most important phenomenon through history. As the great romanist Fritz Schulz wrote , "Roman law is the purest expression of the Roman nature and the most powerful witness to the greatness and glory of Rome"