Formalism of the evolution of Roman Law - A Case Study of Ownership

Keywords:: Roman / formalism / social development

Summary: a very heavy form of ancient Rome, where to go by a certain legal form, or do not have the force of Law. Form and short on substance of the formalism of early Roman Law an important feature. With the development of Roman society, Roman Law formalism has experienced a decline from prosperity to the process. formalities, rituals doubt complicated the legal formalism of the commodity economy and the fast-paced match, it applies only to the Roman people, so its subject is very narrow and limited, it's closely linked to the identity and privileges, and contrary to natural Law values seriously. Roman Civil Law heavier formalism formalism developed to the law of nations is not heavy, but also the development of the unified public law with the law of nations, not the result of exploration of the jurisprudence, and is based on the actual development of Roman society, to avoid entanglement of the old theory, through the Supreme Judge of the judicial practice of law and lawyers to complete the solution step by step and achieve the level of deep and complete, and ultimately out of the fetters of formalism.



Roman law in particular, its heavy form of the early stages, where the legal act, shall be in accordance with certain forms, such as a fixed stereotype must say, doing legal action and so on. If not for the manner determined by law, or a slight error, vertical interesting that , there is no force of law, human rights act will not be protected. can be said that the strict formalism is an important feature of Roman law. Roman law more than a thousand years of development in its history, its formalism has also undergone a gradually decline from prosperity and the process, which causes package contains the development of contemporary legal opinion has reference.

First, the formalism of Roman rule
The formalism of the early Roman law penetrated into every aspect of legal acts, it is an example of its ownership of the system to be described.

Early Roman Law of the Roman people the way from the transfer of ownership, the property is divided into "type transfer to objects" and "strategic-type transfer of property." According to the Roman Civil law, where the style migrated to the transfer of ownership to property a "to-type trading" and "intends to appeal waiver" approach to the legal effect of transfer of title occurred, only the parties of the agreement and delivery of the object can not be legally effective. the so-called "to type trading" known as the "Man Come Pa storage "(manlipation, is the oldest Roman way of transfer of title. use" to type trading ", the main parties must personally attend the Roman people, by people who have reached marriageable age five appeared to testify, and the other is by a Secretary of marriageable age scale for the people of the public. sale, held by the Secretary of people weighing scales, the buyer or the symbols of the object in one hand, a hand-held copper block, said, "According to Roman law, this property shall be vested in all my, my this copper block and the scale is bought. "Bi said, hit the block with copper scales, then to the seller, the sale came to an establishment, the buyer immediate access to ownership." [1] to be v. abstain "is a kinds of simulations to determine the proceedings in the form of ownership to obtain ownership, the parties must be citizens of Rome and to be present, shall be the subject matter of the Roman material, and its requirements than the "sale to type" is more stringent. The specific methods are: buyers and sellers sale of the subject matter or the parties holding symbols, go to the magistrate (judge before the plaintiffs charge the buyer, the seller charge the accused, falsely proceedings held by the plaintiff or the symbols of the subject matter, and claims: "according to Roman law This thing is all my. "The magistrate then asked the defendant (seller:" You have different opinions on the plaintiff's claims. "seller does not challenge or silence, the magistrate has ruled that the matter is the plaintiff (bought by people of all, the sale was brought to set up. [2] In fact, this so-called original there is no real dispute between the defendant, the two had a tacit agreement, it is only going through the motions is only through this way to achieve the transfer of ownership legitimacy. Thus, the early Roman concerns of formalism over substance. If there is a fixed form is missing or misused, the transfer process will be ineffective. Conversely, if all the procedures and rituals have been completed correctly, then the whether it reflects the transfer of the real meaning of the parties, the law does not attach importance. qualitative words, transfer of ownership in the early Roman law in two ways, as long as the behavior of a fixed format, accordingly, speak the language, you can move the right place transfer results. can be said that the final form of the right to change the power, not in the form of trade or do not meet the requirements of the right to change the form can not produce the results, for the right to change the meaning of the parties does not work, it was overwhelmed by the form of external . As for the right reasons on which the transfer of production, not within view of the law concerned. In short, as long as the parties to fulfill the statutory-type behavior to fulfill the reason for this behavior does not matter. In other words, the shift transfer of ownership of the process, although the essential meaning of the parties, but the meaning of the parties is in the form of motivation, it can not decide and change form, but can not determine the effect of changes in ownership, as long as the legal form of ownership change to be effective, only can determine the legal form of Ownership of form and content.

"To style transfer objects" and "a little style transfer objects" transfer of title reflects the difference between the Roman social and economic development level. In Rome in the early stages of development countries, agriculture accounts for more important position, and thus "to type shift transfer objects "are closely related to agricultural production and living materials, mainly Italy, the land (the beginning is the Latium region of land, buildings on the land of Italy, the Italian land easements, slaves and livestock for traction or weight-bearing the cattle, mules, donkeys and so on. According to Roman law, for such things must be "to type sale" or "intended to appeal waiver" and other transfer of ownership.

Second, the main features of Roman law formalism
(Narrow body of a legal relationship
Formalism of Roman law is an important performance characteristic is its narrow body, in its early stages of its subject mainly Roman citizens, Roman citizens enjoyed the right of the people. As citizens enjoy the right of residents of Rome are just a small part of its main has great limitations. by the provisions of the early Roman law, Roman citizen, the acquisition is basically to take the principle of jus sanguinis, so as to obtain citizen born in the most basic method, according to public law in order to get the public the identity of birth conditions: (1 parents are all Roman citizens, of whom was born in Rome, whether domestic or foreign, are all Roman citizens, (2 parents is different from its legitimate status from father, born out of wedlock from the mother, but at the time Rome, Roman citizen parent or parents are all for the Roman citizen of either party who very few, and thus citizen by birth who obtained a corresponding low. [3] According to historians to Research, the early Roman Republic, Rome is its adult citizens the number of inhabitants of the quarter. [4] of the public right of citizenship that is, exclusive rights for the Roman people, including public rights and private rights, public rights means the right to vote and stand for election, it means the right to marry private rights, property, wills rights and the right to appeal and so on. In fact, even within the clan in Rome, aristocratic slave owners initially only have full citizenship, is the subject of Civil law, Civilians are not entitled to the rights of the public law. Subsequently, after the struggle, the right of the Civilian members of the public In "<Twelve Tables, Law"> my only requirement. Rome, members of the public that the Roman citizens enjoy full civil rights, initially limited to the Roman tribal residents (including the original clan nobles and civilians, and later was awarded the Rome public right of tribes gradually Residents outside Rome, has expanded the scope of the public. the conquest of Italy in Rome and in the process of expansion outside of Italy, the Roman rulers, gave the inhabitants of different regions with different rights, depending on whether the right or the enjoyment of the public to enjoy public How much power can be divided into Roman territory were the people of Rome, Latin, foreign and slave. Latin is between the Roman people and foreign citizens between the free man, according to the number of rights can be divided into Gula Ding people, the colonial Virginia Latin Latin and three levels of priority. Gula Ding near the city of Rome who is the inhabitants of Latium, and later extended to all the Latins in Italy. As Gu Lading with the Roman people with the race, with the language, culture and the same with religion, so the Romans to grant them all of the people than to stand right outside. to the 1st century AD, all the Latin people living in Italy have been granted citizenship, Gu Lading people in this category no longer exists. colony Latin people are the inhabitants of the Roman colony, they do not have public power and the Roman people the right to marry, but the right to property, wills, rights and the right to appeal. gifted Virginia Latin way is not according to the legal emancipation of slaves, they do not have public rights and marriage the right to enjoy only the part of private rights in property, part of the will power and the right to appeal. on the property, the excellent legacy of Latin Virginia not inherited by the heirs can not dispose by will of the way, after his death, the property of their heritage the original owner of all. outsiders in a different range of different historical periods, the first tribe that does not belong to Rome, and later that neither in the Roman city, not in Italy, including mainlanders and foreigners. mainlanders living in Rome that established residents of the provinces, foreigners are divided into maintaining friendly relations with the Roman allies who were hostile relations with the Roman enemy people, foreign people that maintaining friendly relations with Rome and friendly people. AD 212, the Roman emperor Carica La Di granted within the empire the right of all freemen to the public since then, made outside the public right of people, foreign people will not specifically refer to the nationality of the people of Rome. For slaves, the rights of the Roman law is not the main object, since the wait for the statement.

Can be seen, the early Roman law that the main body of Roman civil law is limited to the beginning of the Roman people, while the majority of the foreign person (including the Latins were excluded from the main body of the public right away. Only in the territory of the Roman Empire in AD 212, all outsiders have access to the Roman citizens (citizenship only after the gradual abolition of this restriction. Roman law limited the subject is so narrow, and the early Roman slavery as a tiny narrow region of small states are closely related, because of the agriculture The main sectors of the economy, self-sufficient economy dominated, so the whole community is basically closed, come to hold a rejection of foreign attitudes, their rights can only be a small part of the city-based residents have enjoyed . Rome and other ancient countries, much the same state, is based on the tribe evolved. countries in Rome before the formation of the legend, Rome total of three tribes, each tribal group under 10 cells, each cell 10 more under family clan, Roman society linked together by blood ties. [5] Although the state is based on the principle of geographical division of the residents and property on the basis of blood relationship is no longer rely on to maintain, but the ancient national or inevitable to retain some traces of primitive society. As the Des Moines said ": In the ancient world, a local civic society, the descent is often combined with self-righteous, they claim equal rights against outsiders that this is for their birth an inherent right to usurp. "[6] Thus, the primary has a strong Roman law when the closure, the Romans did not want to give the right to legal protection of outsiders. In addition, the majority of the population of slaves, and even have the right people the right of women and under in parents were also excluded from the Roman shijiazi outside the main body. in accordance with the provisions of Roman law, slavery is right in law rather than the principal object of the Roman women for a long period of time especially in the early Roman law is not subject to obtain legal status, which is legal guardian's consent shall be carried out, in Rome, at the parents have the right to not be under the legal relationship shijiazi the subject of an independent implementation of legal acts . can be seen that the main body in Rome, the competent person legally only a small part of its population. In short, the main body of the early Roman law is very limited. To adapt to the system of ownership in terms of Roman law, Roman law in the early stage, Ownership is also very limited.

(B narrow the scope of the object of legal relations
Serious in its formalistic Roman period, a very narrow scope of its object, which is characteristic of its formalism significant performance. In terms of its ownership of the object, in the ancient Roman society, the land is very important means of production, the law generally ownership of the land to be strictly protected, but even so, the early Roman law of the land ownership of the object is very narrow scope. In other words, in the early Roman period, not all land within Rome, the ownership can be legally equal protection. In the early stage of Roman civil law of Rome, Italy adjustment phase of the legal ownership of the land only (initially limited to Latium region, a more narrow scope, and a large number of provincial ownership of the land is not the object of public law. The Roman state when The land was divided into two parts, namely the Italian province of land and the land. Roman expansion in Italy, the use of giving the inhabitants of the conquered people the right to completely or to areas of land allocated to the way the people of Rome, so that all the land in Italy with the "Roman way" of qualifications, for this part of the land, the Roman public to private, protected by the ownership system. However, the establishment of the province outside of Italy, the land (to be awarded the "Italian state", except owned by the Roman state, including any person, including the Roman people can only exercise the right of possession or interest are not entitled to ownership, possession or users to pay taxes to the State. In other words, the Roman province of the land is not ownership of the Roman Civil Law within the scope of protection, the ownership of the original law only by the magistrate, and later adjusted by the law of nations, has formed a magistrate ownership law and the law of nations. However, ownership of the Magistrates Act, only a fact of ownership, according to the Roman public law, the fact that people do not have legal title to ownership, only to enjoy the proceedings of the "defenses", which is no doubt to protect the rights of the parties is extremely unfavorable, and later law at the highest magistrate of the law of nations formed the basis of ownership although the law than the ownership of a magistrate better protection of the law, but the public still does not recognize their ownership of the law, once it was in accordance with civil law recourse to the law of nations owner of the title, which can only by "long time" system that is long-term possession of something (the system requirements possession and all those who lived in the same province, and made time for 10 years, the two are not living in the same province, and made the request for a 20-year limitation protection of the law. can be seen, the law of nations on the owner of the ownership system still inadequate protection of the interests. This reflects the early Roman law very narrow range of subject matter, is so early Roman society with the level of economic development are closely related. was suggested that the early Roman is a predominantly agricultural slavery small state, agriculture is the most common industries of Rome, is the most critical sectors, with pull-ranging role. Correspondingly, the main form of wealth, land and other agricultural production, while the value of real estate is relatively not large, so its main concern when the Roman law in the land, paid special attention to the protection of the land, because land is the major means of production agricultural society, and to take strict formalism is conducive to strengthening the protection of the land.

(C form and short on substance
On form and substance of Roman law in the real characteristics of formalism, that is legal in the form of Roman law is a decisive factor, but the content is a secondary sexual factors. English law and historians about the Roman Law in Des Moines this issue that "the ceremony is not only about themselves and allow the same importance, and even some more important than allowing" [7]. If a fixed form is missing or misused, the legal act is ineffective. Conversely, if all programs and ceremonies have been completed correctly, that the force of law, as to whether the legal acts of the parties to reflect the true meaning of law do not ask. specific to the ownership system in terms of Roman law, discussed before, early Roman law that the people of Rome Act the way from the transfer of ownership, the property is divided into "type transfer to objects" and "a little style transfer thing." And according to the Roman civil law, where the "transfer of material to type" transfer of ownership must be used "to for Sale "and" intends to appeal waiver "approach to the legal effect of transfer of ownership occurs, the parties only by virtue of its meaning can not lead to the transfer of ownership, the introduction of external factors, they must process their own transactions, transactions must be through these external factor in the open. In other words, in the Roman view, whether a legal action depends on the legal effect of the external form of legal acts, but the substance is irrelevant. As the British expert Barry Nicholas, Professor Roman said: "the original form of the system focused on the use of the legal consequences will not arise from a simple agreement or a simple intention. If you want to create or transfer of certain rights, certain actions must be implemented, or use the specified words. This behavior or is in the form of discourse, the legal consequence is created by this form, if the form has not been complied with, or not fully comply, do not have any legal consequences. On the contrary, if the forms are observed, but there will deficiencies (such as error or malicious, the legal consequences are still generated. form of both a substantive sense, but also a sufficient condition. "[8]
Third, the decline of Roman law formalism
Strict formalism of early Roman and early Roman is low, a backward agricultural economy to adapt, since the mid-Roman Republic, with the expansion of Roman territory, slavery economy, especially in the handicraft and commercial development, a strict Roman law formalism has been increasingly unable to meet the needs of social and economic life, to the party's legal acts, especially acts of civil legal cause great inconvenience to the community urgently requires breaking barriers of legal formalism. So the law has a sophisticated technology Roman development of the situation would meet the requirements of strict formalism of early Roman law has been modified.

As the Romans are unwilling to give up the old public law, want to use the law to solve the problems emerging in society, in order to properly resolve the conflict between the Romans in 367 BC, established what the highest magistrate in , issued notices to grant the rights, allowing them discretion in a certain range, which does not change the public law in the case of any contingency, and later published a notice in its gradual formation of a magistrate in the law. for the purposes of ownership, the magistrate Law is important because people broke the law to transfer the ownership requirements of the formalism of the way, forming a "ownership of the Magistrates Act," the title of ownership is a matter of fact, those who are not protected by public ownership of law are may request a magistrate to be protected, such as those who do not comply with "Man Come Pa build" type and "intends to appeal waiver" type to the transfer of ownership to be used. ownership of the Magistrates Act specifically protected in two ways: one is the legal owner (the seller of the fact that everyone (the buyer filed a lawsuit arguing the ownership of the property when the owner allowed the fact that "the defense of transaction volume," the second is the recognition of the fact that everyone in their "good share" have been violated time to time has been completed to obtain legal title to the ground, so the fact that everyone can enjoy all the rights of the owner, so to make up for the non-public method in accordance with the method for obtaining ownership of the defects can not be achieved, in large civil relief the transfer of a difficult situation. It can be seen from the above analysis, the magistrate broke the law ownership system transfer the ownership of public law cumbersome requirements. Later, with the highest development of the Magistrates Act, to the late Roman Republic, the magistrate ownership becomes law method independent of the public ownership of a special system of ownership. Although ownership of the Magistrates Act exceeded a certain extent, the formalism of the public law requirements, but ownership of the Magistrates Act, only a fact of ownership, according to the Roman public law, the fact of ownership people do not have legal title, only to enjoy the proceedings of the "defenses", which is no doubt to protect the rights of the parties is extremely unfavorable. At the same time the magistrate France narrow nationality law for members of the public does not have any breakthroughs. because the public law to take personal The principle, therefore protects only the interests of the people of Rome, the inward man is basically no rights. But since the 3rd century BC, Rome began to launch a massive foreign war, with the continuous expansion of territory and the increasing foreign exchanges, the narrowness of the public law and therefore subject has increasingly become an obstacle to social development. So what in the establishment of a magistrate within the experience of the highest, based on the Rome and was established in 242 BC, the highest magistrate of Foreign Affairs, responsible for hearing by the Roman people and between foreign people and foreign people and foreign disputes. The post-Roman and notices at the highest magistrate of Foreign Affairs on the basis of the formation of the law of nations. to ownership, the law of nations is even more breakthroughs in the public ownership of law formalism barriers, as the law of nations means the transfer of ownership is not only informal, but not limited to the main Roman citizen, as long as free people can carry out the transfer of ownership, the transferee can obtain legal ownership, rather than law on the ownership of the magistrate, as a matter of fact the transferee to obtain title only. the Roman law of nations on the transfer of ownership of the most common way for the delivery and the need to perform the complex rituals, as long as delivery can create a simple title transfer and protection of the law. after differences with the law of nations and the demise of public law, Roman law formalism transfer of ownership is greatly diminished. to East Roman Emperor Justinian Dynasty (AD 527 to 565 years in office, transfer of title will not be complicated rituals and procedures and other external forms, as long as the parties of the agreement and delivery of objects, namely, transfer of ownership occurs. Charles Di codes ": the transfer of property and to type a little style the distinction between transfer of material is too old, should be repealed. abolished the distinction between vague and unhelpful, so that all parts of the same material is included in the same category. "[9]
In short, the Roman legal system has experienced no weight by the re-form to the form of the development process, is particularly worth mentioning is that Roman law constantly overcome formalism in the same time, the content does not make it simple, on the contrary the content of Roman law is becoming more and more system and the rich, ancient law that has reached the pinnacle of the world, giving far-reaching legislation to affect future generations. reposted elsewhere in the Research Papers Download http://www.hi138.com Fourth, the causes of the decline of Roman law formalism
Roman has been able to form by the re-development to not re-form, eventually breaking the shackles of formalism has its underlying causes.

(A commodity economy
Early Roman law the strict formalism, is the Roman social and economic development at the level of adaptation. Because of the early Roman is a slavery-based agricultural and animal husbandry of small states, regional narrow, its inhabitants are basically farmers, agriculture in the high proportion of the national economy, agriculture are highly valued, of Rome was a famous scholar of Cato (BC 234 - 149 years ago in his book <<Pastoral even matter>> wrote: "They (the Romans ancestors who praised a commendable, their citation does not always beyond 'good farmers', 'good farmer', and so, by this praise, and being that the push by the top award. I think businessmen are smart and competent people, and is dedicated pursuit of money, but as I said before, this is a dangerous industry, is completely fatalistic intrigue. On the other hand, said: the strongest and most courageous warriors are nothing but from the farmers, their respect for the title of being the highest, most stable in their lives, at least arouses jealousy, people who engaged in this industry, but also hated by others at least. "[10]
These words from the Cato we have seen, the Romans love of agriculture and civilization, instinctive hostility to the commodity economy, and in fact is true. Such as the Rome of Claudius in 218 BC Act prohibits veterans in business, Even if in the future they can hire an agent engaged in private business and financial activities, it would impede the sensibilities and exceptions, so that by the 2nd century BC, veterans and other Luo Ma Xiangui are to real estate as the most important [11].

Correspondingly, the wealth of early Roman society mainly as land, at which time the Romans have always maintained that the land is the most legitimate property of the traditional form [12]. In contrast, early Rome, handicraft, trade and private ownership is still relatively backwardness, social and economic main natural economy, people are very concerned about the transaction security convenient transaction ", so the behavior and solemn symbol of idioms will be used in place of the document in the form of lengthy and complicated ritual is to make can make notes about the importance of the transaction, and to permit people can thus be impressed. "[13] Therefore, the period of Roman law has strict formalism features, all important to the implementation of all legal acts way to comply with the law, or do not produce legal effects, the natural rights of the perpetrator will not be protected. This reflects in a small number of real estate transactions, the frequent movement of persons is not an agricultural society, called for by specific rites performance of the ownership change process, to meet people's requirements. The ceremony itself includes associating the generated based on the people to ensure the stability and legitimacy of the ownership rules and order, there is the rationality of its era.

The late Roman Republic dynasties, the Roman simple commodity economy on the basis of its agricultural development accordingly developed, to the Roman period, due to the stability of the entire Mediterranean region and the long period of peace rule is no doubt conducive to trade development, Rome's top rulers in the business sector's attitude into a positive by the cold, the Senate also began to involve nobility handicrafts and commerce, and many new trade routes are open. [14] At this time the empire are rather well-developed domestic and international trade. On the domestic trade, the capital of Rome is always the most important position, and its population has reached more than 120 million, the largest ancient city is unique, but also the Empire and the largest commodity distributing center hub for domestic and foreign trade. As the time within which the entire Mediterranean as Lake, also contact smooth all over the empire, trade unhindered. tens of hundreds of the Roman Empire formed a thriving urban commercial trade network, all localities and ship by sea, road between cities, inland river, the official repair Avenue and the old business Road contact each other, exchanges, business travel between the constant stream of images is indeed rare in ancient times. This is not only the domestic trade of the Roman Empire is very active, and its foreign trade is also very well developed, foreign trade was the main north direction, East, south side, with the Nordic, Eastern Europe, Southern Europe, and even rest the East, Central Asia, countries such as India and China have extensive trade. [15] With the simple commodity economy, the development of Rome, the original members of the public law norms been unable to meet the new needs of social and economic life, particularly the characteristics of its heavy formalism, is to inconvenience the exchange of goods, because the commodity economy is convenient to pursue the transaction, so that it can increase economic efficiency, and procedures, Legal formalism ceremony is no doubt complicated and fast-paced commodity economy, therefore, no changes in economic conditions, timely development of corresponding laws, not only benefit the development of the economy, while stable dominance of the rulers also have a positive effect. So the rulers of the strict legal formalism modified, it is rational. because, as an integral part of the superstructure must be subject to the laws of the economic base, as Marx said, "(the law and the record only indicates that the economic relations requires only "must obey" the silent force of economic relations. "[16]
(B Natural Law of
The decline of Roman Law Roman formalism of the full absorption of natural law are not unrelated. Originated in Greece since the Natural Law passed in the 2nd century BC Rome, has been developed and Everbright, as the basic guiding principle of Roman law. It is not natural law or specific laws, but a color with the ideals and norms and values of justice, the basic principle is that nature, reason, freedom, equality or justice. On the theory of natural law, the famous Roman jurist Cicero (106 BC to the previous 43 years had a very exciting discussion. He believed that natural law is rooted in the highest reason, it provides people how to act, and thus the essence of natural law is the most rational . [17] He also said, "follow the natural, living according to natural law, that is, as long as the people themselves according to the needs of natural law to obtain the desired thing, and this must be the most legitimate and the most virtuous way of life." [18] This is actually asking people to respect the objective laws of nature, and to act in accordance with the laws of nature. Since the early Roman law formalism mainly Roman civil law, it applies only to the Roman people, so its subject is very narrow and limited, it the identity and privileges are closely linked, which, according to natural law theory, legal acts contrary to the strict formalism in the goods the subject of equality of economic activity, freedom and transaction convenience, etc., is a violation of objective laws, but also with natural law values seriously contrary, it should have been discarded. It is in under the guidance of natural law, Roman law was amended on it, they have developed the highest law and the law of nations magistrate, and gradually break the shackles of formalism, that formalism in the final Roman law has become irrelevant, which is also rounded development of Roman law. As the British historian of Maine law says, "As a whole, improvements in the legal aspects of the Romans, when subject to natural law theory of stimulation, amazing progress to occur. "[19]
(C pragmatism of the Romans
The decline of Roman law formalism Romans also closely related to pragmatism. Some scholars believe that in the classical world, the Greeks longer than the freedom of thought, the pursuit of ideal beauty, and the Roman people are more busy with reality to create, like Wenzhiwugong. Roman nation an advocate of utilitarianism, pragmatic people, with a strong pragmatism, utilitarianism is of Rome a major feature of national character. This utilitarian rationality can also be said to be useful or instrumental rationality. Roma people are not interested in speculative reason because they do not give their real benefits. Roman utilitarianism them to their talent and attention almost entirely on those things that produce the same effect, such as war, construction and enactment of laws. they focus on viewed from a practical dimension to the problem, solve problems, rather than merely at the theoretical level. [20] They are good at the theory into practice, which in Roman law, where scientists are even more evident, such as the Roman Jurists on Natural Law Research is not limited to the philosophical level, but thought the concept of natural law is law to carry out the development, implementation and modification, even in some specific cases, lawyers are often natural law and natural reason to define such possession, use, identity, interests, behavior and other obligations of the concept of pure law, the ideology of natural law theory, practice, changes in the social reality into the world system of rules and principles of behavior. When they are involved in a system of rules of conduct and principles of natural law behind or natural philosophy, the general is no longer talking about the imagination of the "justice" or "should be" among the ideal, but the objective needs of the earth and its natural human nature. such as: the plight of ordinary people, ordinary people common sense, worldly facts of human existence, and the process of commercial exchanges, property in circulation procedures. Therefore, the nature and the natural reason is that local conditions in their eyes, in line with the traditional order of governance, is about the incapacitated person or the limited capacity Regulation of persons and evaluation of personality, that is, the identity of the recognition that marriage and family relations of interest, is the conclusion of the contract, performance and effectiveness, that is all the enjoyment of all things, processing and benefits ... ... shows the Roman Jurists philosophical sense of the natural law into a legal sense of the natural law, created out of the amazing variety of sigh as the legal system, thereby promoting the development of Roman law. Some scholars have pointed out that ": The Romans were the builders of seeking truth from facts. Greeks are great theorist, noble way of thinking the creators, but the Romans and Greeks different, they are living a great builder. They built a nation-state in all forms before the most powerful country well, They created a law for the performance of developed countries life, and took it as a tool of national life. "[21] Because of this, when the formalism of the early Roman law and the actual social life of violent conflict, a serious impediment to social and economic development, especially when the development of commodity economy, pragmatic face of existing Roman social realities, they do not stick to conventions, but with the time change, the law was amended and modified to make it consistent with the social reality of life, and make it to Rome and social development. from the development of Roman law and Roman law, the characteristics of view, pragmatism Roman modifications to the law through the development, implementation and revision of the entire process. did not like the Greeks, the Romans that focus on law as a theoretically trace the origin of the inquiry, but they are in specific judicial practice continue to forge ahead. Roman civil law heavier formalism formalism developed to the law of nations is not heavy, and finally developed to use the Law of Peoples unified civil law, so that the dual legal system, after all, the Roman dead, form a unified legal system, this is not the result of legal study, but based on the actual development of Roman society, to avoid entanglement of the old theory, through the Supreme Judge of the judicial practice of law and lawyers to complete the solution step by step and achieve the level of deep and complete, and ultimately out of the fetters of formalism. In other words, it is this pragmatism to the Romans to face the reality of social life practical problems and try to be resolved, when they see legal formalism as an obstacle to social development, they do not shy away, but be changed decisively, through the efforts of generations finally solve the problems of Roman society Legal issues of development, so that ultimately the heavy form of the development of Roman law that does not re-form, with the times. Roman pragmatism in promoting the development of Roman law has made undeniable contributions.




Notes:
[1] [2] See the song can be extended: <<Roman principle>>, Nankai University Press, 1988 edition, p. 79, p. 180.

[3] See Zhou Nan: <<Roman Law on the>>, The Commercial Press, 2001 edition, p. 107-108 pages.

[4] see [Law] Montesquieu: <<Causes of Rise and Fall of Rome>>, Wanling translation, Commercial Press, 2001 edition, p. 13.

[5] [11] [15] See Zhu Longhua: <"World History>>, Beijing University Press, 1994, p. 494,523-524,577-578 page.

[6] [7] [13] [19] [English] Des Moines: <<Ancient Law ">, Shen Jing a translation, The Commercial Press, 1997, p. 28, p. 117, p. 116, 36 page.

[8] [English] Barry • Nicholas: <<Roman Studies>>, Translated by Huang Feng, Beijing, Law Press, 2000 edition, p. 60.

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[18]Cicero.On the laws by CDYonge long,London:Ceorge Bell and Sons,1876,107.

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