Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904. Excerpt: ... DEFINITIONS AND USE OF TERMS. A. The Roman Law, in the broadest sense of the term, 'comprised three departments:--Constitutional law, Public or Criminal law, and Private or Civil law. B. Private or Civil law included two parts, the Ius Gentium, and the Ius Civile, and the latter was divided into Ius Pontificum, or religious law, and Ius Civile (in the narrower sense), or secular law. C. The Ius Civile strictly so called, or the secular law, was derived from two sources and composed of two elements. 1. Legislation. Legislation, though ordinary restricted, in its signification, to the act of making a law, or a code of laws, may also be used to denote the whole body of legislative acts, of whatever name or origin. In this latter sense, it is here distinguished from Jurisprudence. This division of the Roman law, therefore, included: a. The Decemviral code, or laws of the Twelve Tables, enacted near the beginning of the Republic, a compilation of the customary law of the State, always regarded by the Romans as the foundation of their entire system of jurisprudence. b. All subsequent statutes enacted by the popular assemblies, the Comitia Centuriata and Comitia Tributa. c. The decrees of the Senate in certain cases. According to the theory of the constitution, Senatus Consulta were not, in the strict sense of the term, laws; yet they were so regarded in matters not provided for by any existing law. d. The edicta and orationes of the emperors. 2. Jurisprudence. Jurisprudence consists of those principles which are developed and established in the application of legislation to particular cases. This division of the Roman Law, therefore, included: a. The edicts of the praetors. b. The decisions of the courts. c. The responses or opinions of the jurists. d. The resc...
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