Romans

In what ways were roman iudices and advocates like and unlike modern British judges and barristers? In roman times, the principle role of law belonged to the praetor. The role of praetor was created in 367BC to oversee the administration of justice. In modern times, the principle role of law, in practical terms, lies with the judges. This does not mean that there were no judges in roman law, indeed there were judges and they played an important role in the development of law, as did the advocates. This role is often forgotten by modern writers who focus only on the praetor, but it is this role which I will focus on in my discussion. Although thousands of years lie between our present day legal system and that of the Romans, we have actually developed our own workings out of their fundamental principles and so consequently there are some similarities, as well as differences which have developed. A case in roman times would be heard before one judge, much the same as in front of a stipendiary magistrate today, with occasional exceptions when it would be heard in front of many. Judges in trials involving compensation had the power to decide how much monetary compensation was given to the complainant, in the same way that judges today make that decision.

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