Legal encyclopedia. Letter Y, I

THE JURISPRUDENCE OF ROMANIAN

Performed the following functions:

1) consultation of citizens who applied for legal assistance (prsrosha);

2) giving samples and editing contracts and lawsuits (sauege);

3) management of the legal actions of the parties without their protection in the court of law).

The result of the activity of lawyers was the appearance in Rome, along with the civil law, of the law created by the interpretation of lawyers. It was through interpretation that most of the institutions of Roman law developed. The literary activity of republican lawyers was expressed in the comments to the Laws of the XII tables. Comments consisted of 3 parts:

1) explanation of the text;

2) the interpretation of a lawyer;

3) sample of the claim.

Later legal works contained generalization of practice and new legal materials, rules.

Roman lawyers composed numerous legal treatises, monographs and educational manuals.

The first republican lawyers were the founders of civil law. These include: Mark Manilius, Mark Junius Brutus, Publius Mucius Schevola, Cicero (the most eloquent of legal advisers). The work of Roman lawyers reached its peak during the Principate period - the classical period.

In the era of the republic, lawyers interpreted the law literally. In the classical period there is a free interpretation, based on the identification of the will of the parties or the legislator. "To know the laws is not to hold onto their words, but to understand their meaning and meaning" (lawyer Celsus). Classical lawyers have moved away from the old interpretation, and new interpretations were aimed at finding justice.

At the beginning of the empire, there were two schools: the Prokollian and the Sabinian.

Prokulyantsy: Labeon (founder), Celsus-father, Celsus-son, Pegasus, Neratsii.

Sabinyants: Kapiton (founder), Massuriy, Sabin, Yavolen, Prisk, Julian, Pomponius, Guy.

The Sabinean school was more formal, monarchical, the Prokulian school was less formal, republican.

The last in the era of large lawyers was the Greek Modestin.

According to the law on citing lawyers, the comments of lawyers Paul, Ulpian, Papinian, Guy and Modestin were equated with the law. All judges and officials of the empire were required to be guided by the opinion that most of these lawyers adhered to, in the case of a tie, preference was given to Papinian's opinion.

Yu. R. - one of the most honorable and noblest activities in Rome. The work of lawyers was legally free, but they had the right to claim honorarium (a thank you gift) for their services.