The influence of Roman law on the US - Essay Example

highest level of diversity such as Louisiana and Ceylon, Quebec and Japan, Ethiopia and South Africa, Turkey and Chile, is based firmly on Roman law. In England and the countries of Anglo-American law in general, even though it does not form the main base, but its influence is quite significant (Hamilton Bryson, 1984). Moreover, Roman law has influenced the development of law in most of Western civilization including USA by dealing with matters of succession (or inheritance), obligations (including contracts), property (including slaves), and persons.

Most of the Roman laws have evolved by the rulings of the patrician families, and rulings of magistrates. Later emperors bypassed these forms and issued their own decrees (Jo Ann Shelton, 1988). The interpretations of jurists also came to have the weight of law. Though various attempts were made to gather and simplify existing laws by far the most successful effort was that of Justinian I, whose code superseded all previous laws and formed the Roman Empires legal legacy. Roman legal procedure is the basis for modern procedure in civil-law countries like United States of America (Alan Watson, 1972).

After the mid-6th cent., Roman law formed the base of a part of the Germanic laws and was in effect in the Byzantine Empire. Revival of classical studies paved the way for the partial resurrection of Roman law as the modern civil law in a large part of the world. Its effect was also felt in USA which mainly follows common law. For example, the jus gentium is the most widely represented in modern legal systems, for it is the basis of commercial law even in those countries including United States that follow common law.

Interestingly, the definition of civil law in USA implies that it has its roots in Roman law. Civil law is defined as the law of ancient Rome as embodied in the Justinian code, especially that which applied to private citizens (John Brierly, 1985). As used within the American legal system, “civil law”