{"id":7242,"date":"2017-11-08T02:13:34","date_gmt":"2017-11-08T02:13:34","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=7242"},"modified":"2018-06-28T18:38:38","modified_gmt":"2018-06-28T18:38:38","slug":"roman-civil-law-jus-civile-the-law-of-civil-or-private-rights-as-opposed-to-criminal-law-or-administrative-law","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=7242","title":{"rendered":"Roman “Civil Republic” State Law – a “fixed body of statutes” designed to eliminate crime & secure private property rights"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from Legal Precepts Adopted into U.S. Law from Europe<\/a>:<\/span><\/strong><\/p>\n

*************************<\/span><\/p>\n

Roman Law<\/span>:<\/span>
\n<\/strong><\/span>(16c)<\/span><\/p>\n

1.<\/strong>\u00a0The legal system of the ancient Romans, forming the basis of the modern civil law.\u00a0<\/strong>[1]<\/span><\/p>\n

1. That law which comprehends the laws which prevailed among the Romans, without regard to the time of their origine. \u00a0The term is in a strict sense limited in its application to the laws of the Romans which prevailed until the compilation of the civil law under Justinian in 530 A.D.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See Mackeldey’s Roman Law\u00a0\u00a7\u00a7 18, 20, 70<\/em>. [2]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Max Radin’s<\/span>\u00a0Handbook of Roman Law<\/em><\/a>\u00a0(1927):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe Roman law is the body of rules that governed the social\u00a0<\/span><\/strong><\/span>relations of many peoples in Europe, Asia, & Africa for some period\u00a0<\/span><\/strong><\/span>between the earliest prehistoric times & 1453 A.D., or even to the\u00a0<\/span><\/strong><\/span>present time, & we might include America in the territory\u00a0<\/span><\/strong><\/span>concerned… Yet the essential fact is that no present-day\u00a0<\/span><\/strong><\/span>community…. consciously applies as binding upon its citizens the<\/span><\/strong><\/span>
\n rules of Roman law in their unmodified form.\u00a0 That law is an\u00a0<\/span><\/strong><\/span>historical fact. It would have only a tepid historical interest… if it\u00a0<\/span><\/strong><\/span>were not for the circumstance that, before it became a purely\u00a0<\/span><\/strong><\/span>historical fact, it was worked into the foundation & framework of\u00a0<\/span><\/strong><\/span>what is called the civil law..<\/span>.\u201d\u00a0<\/strong>[4]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Hans Julius Wolff’s\u00a0Roman Law: An Historical Introduction<\/em><\/a>\u00a0(1951):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cRoman law is not only the best-known, the most highly\u00a0<\/span><\/strong><\/span>developed, & the most influential of all legal systems of the past;\u00a0<\/span>apart from English law, it is also the only one whose entire &\u00a0<\/span>unbroken history can be traced from early & primitive beginnings\u00a0<\/span><\/span>to a stage of elaborate perfection in the hands of skilled specialists.<\/span>\u201d\u00a0<\/span><\/strong>[5]<\/span><\/p>\n

republic<\/span>:<\/span>
\n<\/strong><\/span>n<\/em>. (16c)<\/span><\/p>\n

1.<\/strong>\u00a0A system of government in which the people hold sovereign power and elect\u00a0representatives who exercise that power.\u00a0 It contrasts on the one hand with a pure\u00a0<\/strong>democracy, in which the people or community as an organized whole wield the\u00a0sovereign power of government, and on the other with the rule of one person (such as a\u00a0<\/strong>king or dictator) or of an elite group (such as an oligarchy, aristocracy, or junta).<\/strong>\u00a0\u2014\u00a0Abbr. Rep. \u2014 republican,\u00a0adj<\/em>.\u00a0<\/b>[1]<\/span><\/p>\n

1. A country with a republican form of government<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A form of government that derives all its powers from the people and is administered by elected representatives who hold their offices for a limited period of time.<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See governmental powers<\/em>. [3]<\/span><\/p>\n

republican form of government<\/span>:<\/span><\/strong><\/span><\/p>\n

1. A government constructed on the principle that the supreme power resides in the body of the people.\u00a0<\/span><\/strong>
\n\u00a0 \u00a0 \u00a0See Chisholm v Georgia<\/em> (US) 2 Dall 419, 457, 1 L Ed 440, 456<\/strong><\/span>.<\/span><\/p>\n

A government which derives all its powers directly or indirectly from the people and which is administered by persons holding their offices for a limited period or during good behavior. 16 Am J2d Const L\u00a0\u00a7 390<\/span>.<\/span><\/strong><\/p>\n

Not to be confused with Republican Party.<\/span><\/strong><\/p>\n

Within the meaning of the provision of section 4 of article 4 of the United States Constitution that “the United States shall guarantee to every state in this Union a republican form of government,” the term signifies a government of a state of the Union which has been\u00a0<\/span>recognized<\/span>\u00a0by\u00a0Congress as being a government republican in form. <\/span><\/span>Pacific States Tel. Co. v Oregon<\/em>, 223 US 118, 56 L Ed 377, 32 S Ct 224<\/span>.<\/span><\/span><\/strong> [2]<\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Robert A. Dahl\u2019s\u00a0A Preface to Democratic Theory<\/em><\/a>\u00a0(1956):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cA republic is a government which<\/span><\/strong><\/span><\/p>\n

a.) derives all of the\u00a0<\/strong>powers directly or indirectly from the great body of the people and
\n<\/strong>b.) is administered by persons holding their office during\u00a0<\/strong><\/span>pleasure, for a limited period, or during good behavior.<\/span>\u201d\u00a0<\/strong>[6]<\/span><\/p>\n

civil law<\/span>:<\/span>
\n<\/strong><\/span>(14c)<\/span><\/p>\n

1. On<\/strong>e of the two prominent legal systems in the Western world, originally\u00a0administered in the Roman Empire & still influential in continental Europe, Latin America,\u00a0Scotland, and Louisiana, among other parts of the world; ROMAN LAW.\u00a0 \u00a0In reference to\u00a0<\/strong>Romans, civil law\u00a0<\/strong>denotes the whole body of Roman law,\u00a0<\/strong>from whatever source derived.\u00a0 But it is also used to denote that part of the Roman law peculiar\u00a0<\/strong>to the Romans, as opposed to the common law of all peoples<\/strong> (jus gentium)<\/em>. \u2014 aka\u00a0jus\u00a0<\/em><\/strong>civile<\/em><\/strong>;\u00a0 <\/span><\/p>\n

2. The body of law imposed by the state, as\u00a0<\/strong>opposed to moral law.\u00a0 <\/strong><\/span><\/p>\n

3. The law of civil or private rights, as opposed to criminal law or\u00a0administrative law.<\/strong>\u00a0\u2014 Abbr. CL. [1]<\/span><\/p>\n

\u00a0\u00a0 \u00a0 Excerpt from William Geldart’s\u00a0Introduction to English Law<\/em><\/a>\u00a0(1984):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe difference between civil law<\/a>… & criminal law<\/a> turns on\u00a0<\/span><\/strong>the difference between two different objects which the law seeks to\u00a0<\/strong>pursue \u2014 redress or punishment. The object of civil law<\/a> is the\u00a0<\/strong>redress of wrongs by compelling compensation or restitution; the\u00a0<\/strong>wrongdoer is not punished, he only suffers so much harm as is\u00a0<\/strong>necessary to make good the wrong he has done.\u00a0 The person who has\u00a0<\/strong>suffered gets a definite benefit from the law, or at least he avoids a\u00a0<\/strong>loss.\u00a0 On the other hand, in the case of crimes<\/a>, the main object of the\u00a0<\/strong>law is to punish the wrongdoer; to give him & others a strong\u00a0<\/strong>inducement not to commit the same or similar crimes, to reform him\u00a0<\/strong>if possible, & perhaps to satisfy the public sense that wrongdoing\u00a0<\/strong><\/span>ought to meet with retribution.<\/span>\u201d\u00a0<\/strong>[7]<\/span><\/p>\n

Origin of the Roman Civil Law:<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Draco<\/strong> (7th century BC) was the first recorded legislator of Athens in Ancient\u00a0Greece.\u00a0 He replaced the prevailing system of oral law & blood feud by a written code to<\/strong><\/span>
\n be enforced only by a court.<\/span><\/strong><\/p>\n

legislator<\/span>:
\n<\/strong><\/span>n.<\/em> (17c)<\/span><\/p>\n

1.<\/strong>\u00a0Someone who makes laws within a given jurisdiction; a member of a legislative body.<\/strong>\u00a0\u2014\u00a0aka lawmaker<\/span><\/strong>.\u00a0\u00a0<\/em>legislatorial,\u00a0adj.\u00a0<\/b><\/em><\/b>[1]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Draco was the first democratic legislator, inasmuch as he\u00a0<\/span>was requested by the Athenian citizens to be a lawgiver for the city-state, but the citizens\u00a0<\/span>were fully unaware that Draco would establish harsh laws\u2014 to which the term\u00a0<\/span><\/strong>\u201cdraconian\u201d would derive its name.<\/strong> [8]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Solon, later within 7th century Rome, worked to reform the Draconian empire in\u00a0<\/span>order to give civilians power over their government.\u00a0 As a legislator, he repealed all\u00a0<\/span><\/strong>Draco’s laws except those relating to homicide;<\/strong> [7] he then inscribed new laws on large<\/strong><\/span>
\n wooden slabs or cylinders attached to a series of axles that stood upright publicly in\u00a0<\/strong><\/span>the Prytaneion.\u00a0<\/strong>[9]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0According to the Constitution of the Athenians, Solon legislated for all\u00a0citizens to be admitted into the Ekklesia<\/strong> (an assembly or congregation\u2014 the church of\u00a0<\/span>Athens),<\/strong> [10] & for a court<\/strong> (the Heliaia) to be formed from all the citizens. <\/strong>[12]\u00a0 The Heliaia\u00a0<\/strong><\/span>appears to have been the Ekklesia, or some representative portion of it, sitting as a\u00a0jury.\u00a0<\/strong>[13]\u00a0\u00a0<\/span>By giving common people the\u00a0<\/span>power not only to elect officials but also to\u00a0<\/span>call them to account, Solon appears to\u00a0<\/span>have established the foundations of a true<\/span><\/strong>
\n republic. <\/strong>[14]\u00a0\u00a0During his visit to Athens,\u00a0<\/strong><\/span>Pausanias, the 2nd century AD geographer\u00a0<\/strong><\/span>reported that the inscribed laws of Solon\u00a0<\/strong><\/span>were still displayed by the Prytaneion.<\/strong> [15]<\/span><\/p>\n

\"\"<\/a><\/p>\n

\u00a0 \u00a0 \u00a0Around 380 B.C., Plato wrote a\u00a0<\/strong><\/span>famous Socratic dialogue called The\u00a0<\/strong><\/span>Republic, also known as On Justice<\/em>, which\u00a0<\/strong><\/span>served to inspire the vision of a just\u00a0<\/em><\/strong><\/span>republic<\/em> to people around the world.\u00a0 Here is the audiobook:<\/strong><\/span><\/p>\n