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LAWS08104 Civil Law Discuss the importance of jurists in the development of Roman law
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LAWS08104 Civil Law Discuss the importance of jurists in the development of Roman law
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Discuss the importance of jurists in the development of Roman law.Jurists of the late republic began building the bridge that would lead to the development
of the law in sharp and organised fashions. They had a role of advising people who
faced legal problems, though not binding precedent, the responsa they received aided
to expound the law, give it shape and fill in the gaps. They also engaged in cautelary
jurisprudence, drafting formal documents like wills and trained people in the art of
advocacy. Other than this, they wrote literature, commentaries on various legislation,
which converted Roman law into a body of science and rules that were analysed in
writing.
Then came the jurists of the classical period gave Roman law a distinguishing feature,
and their works became influential on later civilizations. This is highly evident during
Justinian’s era, where the digest consisted primarily of juristic writings. Their works still
consisted of advising, teaching and writing.
By this time, leading jurists became part of the imperial councils and gave important
advice to the emperor, which included drafting of imperial decrees and the rescripts
especially the responsas to officials and citizens. There were occasions where the
jurists were given ius respodendi, to give responsa sanctioned by the emperor. These
responsas were not binding though they were highly persuasive. Gaius commented on
this issue claiming that the ius respodendi were opinion of men that lay down the law
and if they were unanimous, they become a binding force, but if they are not a judge
can chose which one to follow. This meant that the juristic writings and responses had a
force of law, while leading juristic views could prevail over other juristic views. The
changing views over matters of law were substantial in aiding the development of the
law.
Jurists also taught formally and informally. The former being via classroom and lecture
style methods and the latter being via shadowing a jurist and learning the skills the jurist
had. There were two schools that emerged, Proculians (adherents of Labeo) and
Sabinians (followers of Capito). Using the example of Labeo (a jurist), his progressive
innovations led to the development of important doctrines in Roman law like the doctrine
of unjust enrichment. These two schools had their differences in terms of political and
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