ppt- roman law

7/30/2019 PPT- Roman Law

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CONCEPT OF RIGHTSIN ROMAN LAW

By Nimrat Kaur,1 st Year LLM (Human Rights)

NLSIU, Bangalore.


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INTRODUCTION

ALL the law which we use, "concernseither persons or things or actions." No written law existed.Justinian code respected the rights of patrons, the rights of marriage,education to children.Laws were different for women,slaves, kings, cattle and the common

man.Constitutional rights imposed checksand balances on the arbitrary power of Roman rulers.


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No separate terminology thatsegregated rights and duties.

The roman legal system developed inthe era where slave trade wascommon.Roman law was based on theconcept of JUSTICE and the RIGHTSOF THE INDIVIDUAL.It is from the Romans that weinherited the belief that a man should(a) not be accused anonymously ,(b) not be penalized for what he

thinks, (c) should be consideredinnocent until he is proven guilty .


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JUSTICE UNDER ROMAN LAWJustice, as defined by the Romans, was the steady and abiding purpose to give every man that which is his own ?Difference between ownership and possession ; contract and tort law.Civil law and criminal law was developed and separate

punishments were prescribed under them.Punishments included fines, flogging, loss of citizenship,banishment, forced labor in government mines, and death.Murder and theft against citizens were recognised as criminalacts.Jus had two meanings:

Law is the whole mass of rights and duties safeguarded by legalremedies;Law is a right or privilege given to X against the entire world ingeneral (rights in rem). A right added to one man is rightsubtracted from other men. (it is a negative right which protectsthe interest against the world).


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RIGHTS UNDER ROMAN LAW

Rights were attached to land in the Roman law.Contractual rights also arose from Roman law(contract law as we understand has its roots in RL).

Rights existed over the use of land, slaves andcattle ( at that time slaves were treated likeobjects).Restriction on possession of public lands(commongood prevailed over individual good).


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KINDS OF RIGHTS

PUBLIC PRIVATE


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PUBLIC rights- as authorised by government,Constitution, civil services.

PRIVATE rights- individual rights like marriage,family, inheritance, right against trespass.COMMON rights- use of seas, air, water, commonland (certain exceptions like first occupant, first

finder, spoils of war).


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RIGHTS OF CITIZENSEvery citizen has an equal right to enact the laws whichhe is bound to obeyBirth, naturalisation and freeing slaves (freedmen).Right of trade and commerce,Right of marriage,Right to appeal,Right to due process of law,Right to vote,Right to civil property,Right to commit suicide or end their life,Right to hold office and official positions in senate.

However, citizens also had duties which was peculiar only tothemDuty to pay taxes ,Duty to serve the army.


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RIGHTS OF FREEDMEN

Freedmen are those who have been releasedfrom servitude imposed by law.Instrument of a juristic act- it was legal tokeep slaves.

Conditions for becoming citizens- honorabledischarge after having served 25 years in theauxiliary force, or 26 years in the navy.No condition prescribed by law- personal

favors, political consideration.Duty to serve the Navy.Foreigners could gain the rights of Romancitizenship only through Popular Assembly.


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RIGHTS OF SLAVES

No right to marriage.No right to family.No right to property.

No right to appear in court.Could not waive its rights, if any. Object of property and possession, alienablelike other property (maybe jointly or severally

owned).Some argued that slaves had moral rights. A right tofreedom but its not defined anywhere.


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RIGHTS OF WOMENShe had no rights of her own and was treatedas her husbands property.

The man bought the bride from parents by cash or kind payment.Sever all ties with her family and deities.In cases of adultery, the man could kill his wife.No right to own property- in Ancient Indian Law,

there was no concept of women committingadultery. Only a man committed adultery.No right to stridhan.- contrary to practice in AncientIndiaShe could be sold as a slave.Could not carry her own name.Citizenship only through her husband.No rights in public function. (civil service, witness,court proceedings)- purdah system in India.No right to legal representation.No patronage of her children.- similar to ancientIndia.No right to remarry incase of widow- similar positionin ancient hindu law (widow remarriage act, 1856).


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RIGHTS OF A PATRON

Pater familias had complete authority both over thechildren and his wife.Right to dispose off his children or his slaves.Impose punishment on children by whipping,

imprisonment, exile, sending them to the country to workin chains alongwith his servants.Power of life and death; and the end result were bloodyexecutions.Property accrued by the son in marriage, gift or

succession was usurped by father.The rights of patron ended on his death or by voluntaryconsent.- this position subsequently changed under Roman law.Comparison with Karta under ancient Indian law.


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CHANGING SCENARIORights of women have been recognised (special provisionsunder Indian and International law). Also under Ancient India,women were powerful and had a divine status.

Abolition of slavery- recognised as an offence.Right to life guaranteed to both citizens and non citizens.No absolute paternal power- rights of every human being arerecognised.Right to property extended to daughters.No right to suicide- Gian Kaur v. State of Punjab .

A duty of the State means a corresponding right of theindividual ( change from right-duty to duty-right relationship). A WELFARE STATE concept with duties and liabilities.


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COMMONALITIES B/W ROMAN LAW AND ANCIENT INDIAN LAW.

Constitutional power checked the arbitrariness of theruler- Rajadharma kept the King under control.Use of common property under Roman law- welfare of people at large in accordance with Dharma.

Status of a Patron- Status of Karta.Status of Women- dependent on father, husband, son.Imprisonment for a criminal act such as theft, murder etc.

Right to appeal before the magistrate.Right to education of children- Duty of father to educatehis child.


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ppt- roman law

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