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65 Hung. J. Legal Stud. 1 (2024)

handle is hein.journals/ajur65 and id is 1 raw text is: 
Hungarian Journal of Legal Studies 65 (2024) 1, 1-2
DOI: 10.1556/2052.2024.00009                                                   AUDaILmu WmAD6




         Introduction: Ancient heritage: The law

                         of   the Roman Empire



                                    EVA   JAKAB <


Karoli Gaspar University of the Reformed Church in Hungary, Budapest, Hungary


EDITORIAL


© 2024 Akad6miai Kiad6, Budapest

Legal history has his own mission -  not only for engaged scholars of the topic but also for
students, scholars, and lawyers of our modern time. As already Corbin stated:

   a sufficient reason for comparative historical study of cases in great number is the fact that such
   study frees the teacher and the lawyer and the judge from the illusion of certainty; and from the
   delusion that law is absolute and eternal, that doctrines can be used mechanically, and that there are
   correct and unchangeable definitions.'

   Legal history does matter. The base of legal reasoning and systematized legal thinking was
laid down  in ancient Rome.  In the course of its thousand-year-history, civilian tradition
shaped the legal development of Europe (and beyond).
   The  private law of the Roman Empire was long regarded as a highly developed, uniform legal
system. This view was also encouraged by the fact that classical Roman law, which appeared in
various, often controversial decisions by jurists, could only be studied indirectly in the law codes
of Emperor  Justinian. His law codes served as a source of legal wisdom and positive law for
centuries in East and West. Therefore, legal education, jurisprudence, jurisdiction, and legisla-
tion limited their investigation to the juridical sources collected in the Corpus Iuris Civilis.
   The  scholarly treatment of Roman law changed  with the expansion of research into other
types of testimonies. Plenty of papyri from the Eastern provinces (Egypt, Arabia, Asia, etc.) and
legal documents on wooden  tablets from Italy, Dacia, Britannia, and North Africa shed new light
on everyday practice, on the living law of the Romans. The view prevailed that not only the
center, the law of the city of Rome  deserves attention, but also the periphery, the law of
the provinces of the Roman Empire.



* Corresponding author. E-mail: jakab.eva@kre.hu


'Corbin (1952) 163.

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