Roman Law: A General Theory (Vol. 1 & 2)

Author: Zhou Lan
Publisher:
Publishing Date: 2005-08-01
Features: Starting from the mid-1930s, the author taught Roman law courses at several higher education institutions in China. Initially, he was encouraged and supported by his mentor, Lu Shidao, and provided with various conveniences, writing his own lecture notes. After the liberation, he changed careers and moved, enduring hardships and relying on the assistance and collection efforts of comrades Lv Shengrong and Zhou Yixuan. Most of the relevant documents, monographs, and manuscripts were preserved until today. The Third Plenary Session of the Eleventh Central Committee of the Communist Party of China brought a breath of fresh air to the legal field. Since 1980, the author was successively 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, pioneering the trial teaching of Roman law in China and publishing outlines for reference and internal exchange. Some content has since been expanded. In 1983, Anhui University's Law Department organized a Roman law study session, with middle-aged and young teachers from other institutions participating, where the author led discussions attempting to apply Marxist theory to a comprehensive and in-depth exploration of Roman law. Difficult questions were resolved through reference to materials and collaborative research. To ensure that this valuable world cultural heritage of Roman law could shine again in China and be utilized, at the students' initiative, the audio recordings and lecture notes were 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, a five-person team was formed, including then Law Department Director Wang Hanqing, Civil Law Teaching and Research Section Director Liu Shuqi (replaced by Jin Tianxing in 1988), teachers Shi Jichun, Wang Yuankuo, and the author. Adjustments and specific arrangements were made: Chen Jiong was responsible for compiling "General Principles," Xiao Shuhui for "Person Law," Liu Shuqi for "Property Law," Long Sirong for "Succession," Zhang Heguang 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 revised and finalized the manuscript.
Roman law, from the Twelve Tables to the Corpus Juris Civilis, has developed over a thousand years and has had an undeniable influence on the civil law of subsequent generations, continuing to do so to varying degrees. It has been highly praised by Marx, who called it "a universal law of the commodity-producing society" and said, "Roman law is the most classic expression of the life conditions and conflicts of a society dominated by private property, to the extent that all later laws cannot make any substantial modifications to it." Its richness in content and depth in legal principles 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, right in rem, unjust enrichment, quasi-delicts, subrogation, and preferential rights, as well as numerous principles and institutions, such as special protection for public property and the interests of the fetus, the principle that the new law prevails over the old, the principle of res judicata, the principle that exercising rights should not harm others, the principle of negligence liability, the principle of strict liability, and even the "general average" that allows intentional damage to others' property without liability, as well as institutions like declaration of adulthood, declaration of absence, and trust, are still followed by civil law 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 price reductions or contract cancellations. Grain officials strictly prohibited price gouging and adulteration, while magistrates demanded fair trade, prohibiting predatory profits. Parties were expected to act in good faith, and fraudulent acts like false representation could not only require compensation but also result in "reputational damage" as a deterrent. 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 mainstay, learning from effective traditional practices internationally, and aligning with the global market economy. Therefore, studying "a universal 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 views of all parties and evaluates them using historical materialism; it includes 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 free translation to allow readers to grasp their meanings 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 perspectives. Selecting and verifying them is indeed challenging. Despite the author's best efforts, due to age and limitations in Marxist theory and foreign language proficiency, he felt unable to fully meet the task. Additionally, due to objective constraints, he was unable to extensively review recent foreign works or incorporate their latest research findings, which is a regrettable omission. Therefore, this book serves only 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, sincere gratitude is extended to those who encouraged the author to write, those who carefully preserved the books and manuscripts, and those who participated in the compilation, editing, and have long been concerned with the book's release. Throughout the process, strong support was received from Wang Hanqing and Shi Jichun, enthusiastic assistance from Fang Xin and Chen Sen, and the participation of Gao Kuanzhong in proofreading. The Research Office of Anhui University and the Law Department provided financial support despite limited resources, enabling this book to reach the readers. Deep respect and heartfelt thanks are expressed to all in this regard.