Editing Judiciary (section)

=== Roman judiciary ===
{{see also|Roman law|Byzantine law}}

==== Archaic Roman Law (650–264 BC) ====
The most important part was ''Ius Civile'' (Latin for "civil law"). This consisted of ''[[Mos maiorum|Mos Maiorum]]'' (Latin for "way of the ancestors") and ''Leges'' (Latin for "laws"). ''Mos Maiorum'' was a set of rules of conduct based on social norms created over the years by predecessors. In 451–449 BC, the ''Mos Maiorum'' was written down in the [[Twelve Tables]].<ref>{{Cite book|title=European legal history: a cultural and political perspective|last=Lesaffer, Randall|translator=Arriens, Jan |isbn=9780521877985|location=Cambridge, UK|pages=67, 68|oclc=299718438|date=25 June 2009}}</ref><ref>{{Cite book|title=Historical Introduction to the Study of Roman Law|last=Jolowicz|first=H.F.|year=1952|location=Cambridge|pages=108}}</ref><ref>Crawford, M.H. 'Twelve Tables' in Simon Hornblower, Antony Spawforth, and Esther Eidinow (eds.) ''Oxford Classical Dictionary'' (4th ed.)</ref> ''L' were rules set by the leaders, first the kings, later the popular assembly during the Republic. In these early years, the legal process consisted of two phases. The first phase, ''In Iure'', was the judicial process. One would go to the head of the judicial system (at first the priests as law was part of religion) who would look at the applicable rules to the case. Parties in the case could be assisted by jurists.<ref>{{Cite book|title=De Oratore|last=Cicero, Marcus Tullius|date=2011|publisher=Cambridge University Press|isbn=9780521593601|oclc=781329456}}</ref> Then the second phase would start, the ''Apud Iudicem''. The case would be put before the judges, which were normal Roman citizens in an uneven number. No experience was required as the applicable rules were already selected. They would merely have to judge the case.<ref>{{Cite book|title=European legal history: a cultural and political perspective|last=Lesaffer, Randall|translator=Arriens, Jan |isbn=9780521877985|location=Cambridge, UK|pages=69–75, 92–93|oclc=299718438|date=25 June 2009}}</ref>

==== Pre-classical Roman Law (264–27 BC) ====
The most important change in this period was the shift from priest to [[praetor]] as the head of the judicial system. The praetor would also make an [[Praetor's Edict|edict]] in which he would declare new laws or principles for the year he was elected. This edict is also known as praetorian law.<ref>{{Cite book|title=European legal history: a cultural and political perspective|last=Lesaffer, Randall|translator=Arriens, Jan |isbn=9780521877985|location=Cambridge, UK|pages=85–86|oclc=299718438|date=25 June 2009}}</ref><ref>{{Cite book|title=History of Roman Legal Science|last=Schulz|first=Fritz|publisher=Oxford University|year=1953|location=Oxford|pages=53}}</ref>

==== Principate (27 BC – 284 AD) ====
The [[Principate]] is the first part of the Roman Empire, which started with the reign of [[Augustus]]. This time period is also known as the "classical era of Roman Law" In this era, the praetor's edict was now known as ''edictum perpetuum'' which were all the edicts collected in one edict by [[Hadrian]]. Also, a new judicial process came up: ''cognitio extraordinaria'' (Latin for "extraordinary process").<ref>{{cite book |title=European legal history: a cultural and political perspective|last=Lesaffer |first = Randall|translator=Arriens, Jan |isbn=9780521877985|location=Cambridge, England |pages=105–106 |oclc=299718438|date=25 June 2009 }}</ref><ref>{{cite web |url=https://www.britannica.com/topic/Roman-legal-procedure#ref1109518 |title=Roman Legal Procedure |date=3 May 2019 |website=Encyclopaedia Britannica |access-date=16 May 2019 |archive-date=27 May 2019 |archive-url=https://web.archive.org/web/20190527221240/https://www.britannica.com/topic/Roman-legal-procedure#ref1109518 |url-status=live }}</ref> This came into being due to the largess of the empire. This process only had one phase, where the case was presented to a professional judge who was a representative of the emperor. Appeal was possible to the immediate superior.

During this time period, legal experts started to come up. They studied the law and were advisors to the emperor. They also were allowed to give legal advice on behalf of the emperor.<ref>{{cite journal|date=2 November 2016|editor1-last=du Plessis|editor1-first=Paul J. |editor2-last=Ando|editor2-first=Clifford|editor3-last=Tuori|editor3-first=Kaius |title=The Oxford Handbook of Roman Law and Society |journal=Oxford Handbooks Online|page=153|doi=10.1093/oxfordhb/9780198728689.001.0001|isbn=9780198728689 }}</ref>

[[File:Corpus iuris ciuilis lugdvni 1607.jpg|thumb|''Corpus Iuris Civilis'', 1607]]

==== Dominate (284–565 AD) ====
This era is also known as the "post-classical era of Roman law". The most important legal event during this era was the Codification by Justinianus: the [[Corpus Juris Civilis|Corpus Iuris Civilis]].<ref>{{Cite book|title=European legal history: a cultural and political perspective|last=Lesaffer, Randall|translator=Arriens, Jan |isbn=9780521877985|location=Cambridge, UK|pages=109–113|oclc=299718438|date=25 June 2009}}</ref> This contained all Roman Law. It was both a collection of the work of the legal experts and commentary on it, and a collection of new laws. The ''Corpus Iuris Civilis'' consisted of four parts:

# ''Institutiones'': This was an introduction and a summary of Roman law.
# ''Digesta/Pandectae'': This was the collection of the edicts.
# ''Codex'': This contained all the laws of the emperors.
# ''Novellae'': This contained all new laws created.