The Influence of Greek and Roman Law on the Legal System of the United States
Essay by m.s.byford • July 4, 2013 • Essay • 369 Words (2 Pages) • 2,217 Views
Essay Preview: The Influence of Greek and Roman Law on the Legal System of the United States
Roman law had no direct influence on what we refer to as Democracy. Rome was founded as a monarchy under the rule of the Etruscans. When the Etruscans were overthrown, they were replaced by the Roman Republic, lead by the Senate and two elected Consuls. Hence the the letters "SPQR" on many Roman public buildings. It stands for (in Latin) the Senate and the People of Rome. Now, was the Republic democratic? No. Only a select few men led the Republic, mostly from the upper (Patrician) class. And in fact, the right to vote was heavily limited in the republic, and much of this would lead to political infighting between the Patrician class and the Plebeian class. By the time of Julius Caesar, the poor, the Plebes, had gained some influence, but not much and the government was still lead by the Patricians and the growing Equestrian order.
The purpose of Roman Law was to maintain basic civil order in the most appropriate way possible by establishing legal penalties for crimes and how society functioned. During the time of the Roman Republic, these laws were predominantly referred to as the Twelve Tables. After the fall of the Western Roman Empire, and during the reign of Justinian in the east, these laws were reorginazed and codified to make them easier to understand and inforce. This reorganization became known as Justinian's Code and is the basis for many modern legal codes, including the Napoleonic Code (still in use in France today).
Rome's strong legal codes and a non-monarchial system of government however would prove to be highly influential on future states. No nation on Earth today is a true Democracy. That would emply that every citizen is a member of the government and is involved in every vote. And with Nations like the US having millions of citizens and spanning a continent, such a government would take forever to decide even the smallest detail. And that is where Rome's influence comes in. Only a small body of people will actually govern, however, unlike the Romans, most modern republics have universal suffrage, allowing everyone over a certian age to vote. The USA is a Democratic Republic. Everyone can vote, but only a few govern.
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