This attempt was the earliest of Romans to create a Code of Law and is also the earliest (surviving) piece of literature coming from the Romans. That time Roman Empire was struggling for legal and social protection between the privileged, the rich and elite and plebeians. For this reason a commission was appointed to draft a code of law which would be binding on both parties and which the magistrates would have to enforce impartially. Twelve tables introduced the system of systematic and procedural study of law, dividing the
Although it was a mere definition of Rome 's existing customs, the creation of the Twelve Tables commenced in the beginning of a new period in legal thought wherein the religious elements were set aside (Wanlass, 1953). The Roman Law in the event of its transformation, gradually abandoned the religious elements with praetorian edicts and that of the Emperor. The principles of ius naturale (natural law) and the legal system ius gentium were also developed. Rome became an imperial power. Thus, it became imperative for Roman authorities to create a code of laws suitable for the people of their own and of the territories they
Firstly I will elaborate on the history of the Roman Empire a little. At its very peak around 117 C.E., the Roman Empire ruled the Mediterranean area and parts of the Middle East and Northern parts of the African continent all the way to the British Islands. Whilst these days lasted the entire empire made use of one single language and one judicial system only. The Roman Army guarded the boarders to the neighbouring countries/empires, and also ensured order within the Roman Empire. But what made this great Empire fall?
In Ancient Rome, the Romans had their own Roman Republic. The Roman republic reasonably met the common good. The way they did this was that they didn’t fully meet the common good in all areas, but in other areas they did. In public service I would give the Ancient Romans an A. One of the greatest achievements in ancient time was the waterway.
Origin of habeas corpus: The writ of habeas corpus is an old writ which is very important in the English common law system. It contains the essence of democracy that no one is above the law even the king has to justify its subjects if he has illegally detain any person. This writ is in conformity with the fundamental rights of people and court will issue an order commanding that by which authority the person is illegally detained and they had to provide a justification in front of the court for the confinement. The word habeas corpus is originally a Latin word which means production of body and the court shall order the person who detain an innocent person to produce him the person detained in front of the court. It is important to note that
Kings were on the top of tuath’s hierarchy and convened oenach (a regular assembly for politic, social and commercial purposes). All freemen owed to him their direct loyalty and paid him a special tax and could be summoned by the king to repel invaders or others. Rights of freemen strictly defined by lawyers were available only in their own tuath (except for a military service or pilgrimage) and they had no rights beyond its borders (except the lettered classes who appeared to be entitled to travel freely). Clearly reflected in laws, social status were significant and explained differences of justice and rights between high and low rank. Native Irish law did not subscribed to the roman policy that all citizens were equal before the law and gave importance to the ‘honour-price’, namely, the measure of a person’s status which derived from the rank (in Gaelic, log menech which mean ‘price of his face’).
This was a major accomplishment for the country since centuries ago, punishments in Ancient Greece did not differentiate between the actions of individuals that had the mens rea in comparison to those who did not. The introduction of these concepts within the courts resulted in the legal system to consider concepts such as due diligence, mitigating factors, mens rea, actus reus and several other components which were taken into consideration during trials. The Greek constitution guarantees all citizens with fundamental human rights as stated within the Individual and Social Rights sections in the constitution. Many of the rights and freedoms stated are similar to the Canadian constitution, for example, the freedom of religion, the freedom of expression, and having equal rights for all citizens. When comparing and contrasting these countries’ constitution, it is evident that justice is achieved through its fundamental human rights that results in equality for all.
Introduction “The distinction between morals and law can be formulated very simply. Morality furnishes the criterion for the proper evaluation of our interests; law marks out of limits within which they ought to be confined.” - Korkunov Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of the time throughout the world. To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favour or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength. Ancient Indian culture such as Upanishads and Manusmriti pay a similar tribute to dispensers of justice. Upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights.
As Ghanooni (2012: 77) points out, the theory for translations in that period comprised mainly of remarks, most of whom were rooted in rhetoric. The Roman Cicero (first century B.C. ), a pioneer in translations in the Roman Republic, said that he prefers to keep to the figures of thought, keeping the ideas and forms of the original. Thus he aimed to preserve the original texts general style and its force, without resorting to a word for word translation. As he put it: “I did not think I ought to count them out to the reader like coins, but to pay them by weight, as it were”
I lost nothing thereby- not even money, certainly not my soul”. - Mahatma Gandhi Arbitration, as a means of resolving disputes, has been employed all over the world for centuries. It was designed initially as a process whereby people determined their own commercial disputes. The novelty of arbitration in comparison with formal legal procedures was that parties could agree to simplified procedures and an arbitrator would be appointed who possessed specific knowledge in a given technical area. Arbitration was thus regarded as 'the' alternative to litigation, in which the parties achieve a legally binding adjudication in accordance with the law, without, however, the full trappings of litigation and without its publicity or its judges, who may have no particular qualifications in the subject matter of the dispute.