6 CRISTINEL-IOAN MURZEA
until 565 AD when, in the opinion of most Roman specialists, the Roman state
enters the age of the Greek influence.
The fascinating history of the Roman state was a standard for the entire
western civilization and the influence of the Roman Empire over posterity would
objectify a few domains which stamped Roman civilization such as “the political
system of Rome, its code of laws, its language, engineering, architecture which all
have an equivalent in modern times”3.
Perhaps the most durable inheritance was the creation of a system of laws
which would regulate the social relations specific to a “trade economy, which was
later known as a manifestation of the “will of the gods” thus again justifying the
importance of the Roman state and civilization”4.
These truths led the famed theoretician of the Rudolph von Ihering to state
that “Rome made itself heard in the world by three means - by sword, by cross and
Starting from the systemic analysis of the factors which configure law within
the antic society, the Romans managed to phrase new legal regulations, institutions
and branches of law which emphasized the fundamental interests of the Roman
society, thus turning the Roman state into the greatest military-political power of
the antiquity, by creating what the historians unanimously called a universal state.
As a result, the Roman lawmakers created a universal judicial language which
shows exquisite legal technique.
The legal language “shows exceptional precisions, by providing symmetry to
all legal constructions by the fact that it represents the ideal tool of legal thinking”6.
The Roman legal system is distinguished from the other legal systems of the
antiquity by the abstract and concise texts, by the severe sanction system which led
to the creation of individual regulations and legal institutions which are different
from the moral regulations of the other legal systems.
In the opinion of the esteemed theoreticians of Roman law “in the lack of own,
well defined concepts, the legal thinking of the people of the antiquity was no
match for the systemic and precise institutions of Roman law and were not able to
exercise any influence over the general evolution of ideas and legal institutions”7.
However, we believe that many times the Roman lawmakers would consider
moral perceptions, thus attempting to show that “regulations of law respect all
moral perceptions”8 which was likely to provide authority to all legal regulations
3 Margaret Oliphant, Antic world atlas, MAS Publishing House, Bucharest, 1999, page 47
4 C.Murzea, Roman law, All Beck Publishing House, Bucharest, 2003, page 17
5 R.von Ihering, Geist der Rimischer Rechts, volume I, Paris, 1888, page 308
6 R.von Ihering, L,esprit de droit romain, volumes I-IV, Paris, 1888
7 Th Sambrian, Roman law institutions, Asitech Publishing House, Craiova, 2009, page 27
8 A.E.Giffard, Precis de droit romain, volume 1, Paris, Dalloz, page 4; Ed.Cuq, Revue historique
de droit francais et etranger, Paris, 1924, page 373; B.Biondi Edos Wratisloviac, 48, 1956, 2, page 177