ABSTRACT

This chapter addresses general ideas that overarch the entire Roman legal tradition. The Roman concept of equity deserves mention as a concrete specification of the Greek concept epieikeia. The development of Roman law was gradual and always in line with the different stages of Roman constitutional history: the Monarchy, the Republic, the Principate, and the Later Empire. The classical period of Roman law provides the best comprehensive framework of the development of Roman law, and it became the model for later generations of legal actors. During the classical period, Roman lawyers applied new abstract methods of thought imported from Greek culture. The legitimacy of ius lay in the tradition of the Roman community recognized by citizens. ius publicum was almost equivalent to public order, compelling law, and peremptory law. Ethical values of mercy, benevolence, and compassion, inspired by Christianity, were needed to correct the rigor of the law in the administration of justice.