Creative And Enforceable Sources Of Roman Law

Creative And Enforceable Sources Of Roman Law

Creative and Enforcement Sources of Roman Law:

The creative and enforcement sources of Roman law vary according to the political periods of Rome.

A- In the kingdom period, the creative sources of law are the king, customary rules, the people’s assembly (senatus). The executive sources are the King.

B- In the Republican period, the creative sources of law are the people’s assembly (senatus) and the work of jurists. The executive sources are the consuls. During the Republican period, the Law of 12 Plates emerged. The political reason for the emergence of the Code of 12 Plates is the elimination of class conflict by eliminating the inequality between Patricians and Plebeians. Its legal purpose is to collect (codify and regularise) the customary law.

C- In the first empire or Principatus period, the creative sources of law are the people’s assembly and princeps (chief). The source of enforcement is the jurists.

D- During the last empire, Dominatus, the source of creativity and enforcement is the emperors.

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