Roman Law: Theories (Volume 1 and 2)

Author: Zhou?
Publisher:
Publishing Date: 1994-06-01
Features: The author began teaching Roman law courses at several universities in China in the mid-1930s. Initially, he was encouraged and supported by his mentor, Lu Shidao, who provided various conveniences and allowed him to write his own lecture notes. After the liberation, he changed careers and moved, enduring many hardships. He relied heavily on the assistance and collection efforts of Comrade Lü Shengrong and Comrade Zhou Yixuan, which helped preserve most of the relevant documents, monographs, and manuscripts to this day.
With the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China ushering in a spring breeze for the legal field, the author was invited to teach at Southwest University of Political Science and Law, East China University of Political Science and Law, Anhui University, and the Institute of Law at Shanghai Academy of Social Sciences from 1980 onwards. He pioneered the trial teaching of Roman law in China and published outlines for reference and internal circulation. Some content has since spread.
In 1983, Anhui University's Law Department organized a Roman law study session, with middle-aged and young teachers from other universities participating. The author led the sessions, attempting to use Marxist theory to conduct a comprehensive and in-depth exploration of Roman law with the students. When encountering difficult issues, they checked the materials and studied them together to find solutions.
To ensure that this valuable world cultural heritage of Roman law could shine again in China and be utilized, the students proposed that the audio recordings and notes of the lectures be compiled into a book, hoping to contribute to further understanding. In 1987, Anhui University submitted the manuscript for approval and it was included in the project of the State Education Commission, titled The Principles of Roman Law.
To expedite the compilation process, a five-person team was formed, including the then-department head of law, Wang Hanqing, the then-head of the Civil Law Teaching and Research Office, Liu Shuqi (replaced by Comrade Jin Tianxing in 1988), teachers Shi Jichun, Wang Yuankuo, and the author. They adjusted and planned the work: Chen Jiong was responsible for "General Principles," Xiao Shuhui for "Person Law," Liu Shuqi for "Property Law," Long Srong for "Succession," Zhang Huguang for "Legal Acts and Debt Termination," Shi Jichun for "Debt Occurrence, Preservation, and Transfer," Wang Yuankuo for "Procedural Law," and Shi Jichun for overall editing. The author made the final revisions.
Roman law, from the Twelve Tables to the Corpus Juris Civilis, has influenced the civil law of later generations to varying degrees over more than a thousand years. It has been highly praised by Engels, who called it a "world law of the commodity-producing society" and said, "Roman law is a highly classical legal expression of the life conditions and conflicts of a society dominated by private ownership, to the extent that all later laws cannot make any substantial modifications to it." Its richness in content and depth in legal theory are rare in the history of world legal systems. Many of its legal terms and concepts, such as public law, private law, civil law, personality, domicile, condition, good faith, bad faith, servitude, unjust enrichment, quasi-delicts, subrogation, and preferential rights, as well as many principles and institutions, such as special protection for public property and the interests of the unborn, the principle that the new law prevails over the old, the principle that one cannot litigate twice for the same cause, the principle that exercising rights must not harm others, the principle of negligence liability, the principle of strict liability, and even the "general average" for intentionally destroying or abandoning others' property without liability, as well as systems such as declaration of adulthood, declaration of absence, and trust, are still followed by civil laws in modern countries.
In terms of commodity circulation, ancient Roman magistrates required enslaved people brought to market to wear tags indicating their nationality, gender, age, skills, and health status. If discrepancies were found later, buyers could request a price reduction or cancellation of the contract. Grain officials strictly prohibited price gouging and adulteration, while magistrates demanded fair trade, prohibiting predatory pricing. Parties were expected to act in good faith, and fraudulent acts, in addition to requiring compensation, could result in "reputational damage" as a form of punishment to achieve effective deterrence. These practices are even more worth referencing.
China is now further deepening its reform and opening-up, developing a socialist market economy with public ownership as the main body, learning from effective traditional practices internationally, and aligning with the global market economy. Therefore, studying "a world law—Roman law" still holds theoretical and practical significance. This book is a product of the combination of teaching and research. In terms of materials, it strives for accuracy; it corrects inaccuracies in old Chinese Roman law works; it explains the emergence, development, changes, or decline of various legal institutions in relation to the material conditions of the slave society at the time, clarifying different provisions in different periods and revealing their origins and patterns; it presents debates on theoretical issues by describing the opinions of different parties and evaluates them using historical materialism; it provides examples and cases to help readers deeply understand the essence of Roman law and further develop their ability to analyze and solve problems, achieving the effect of linking theory with practice; and it translates Latin terms primarily through meaning-based translation to help readers grasp their general meaning and understand them through context.
Since Roman law is ancient, its literature and writings are vast, and accounts from different sources often vary, with differing viewpoints. Selecting and verifying them is indeed challenging. Despite the author's efforts, due to advanced age and limited Marxist understanding and foreign language proficiency, he felt inadequate when writing. Additionally, due to objective constraints, he was unable to extensively read recent foreign works on Roman law to absorb the latest research findings, which is a regrettable omission. Therefore, this book can only serve as a reference for studying Roman law and is dedicated to the readers. The author sincerely hopes for corrections and suggestions from fellow scholars.
The publication of this book has been a long and winding journey, from the initial draft to the final printing, spanning over fifty years. On this occasion of publication, the author extends heartfelt gratitude to those who encouraged him to write, those who carefully preserved the books and manuscripts, and those who participated in the compilation, editing, and long-term support for the book's publication. Throughout the process, Comrade Wang Hanqing and Comrade Shi Jichun provided strong support, Comrade Fang Xin and Comrade Chen Sen offered enthusiastic assistance, Comrade Gao Kuanzhong took time to proofread, and the Research Office of Anhui University and the Law Department provided financial support despite limited resources. The author expresses deep respect and sincere thanks to all of them.