Mongol Law Vs Roman Law System

Cicero, a very successful Roman politician, also plays a very significant role in the story of “Bartleby, the Scrivener”. The narrator has a bust of Cicero in his office connecting the two cultures; the Western and Eastern cultures however are strikingly different. At around 100 B.C. Cicero led the Roman Empire in a very structured and civilized way. The Roman Empire’s governmental structure is very similar to the United Stated government because they both include three branches. The Judiciary, the Executive, and the Legislative branches are included in both civilizations; however the Roman’s devised this system more than 2,000 years before the United States. They also both have elected officials who are either elected or are appointed by the Consuls. The Roman Government was very orderly and organized, the exact opposite of how it was in Bartleby’s office. This small detail in the story creates more contrast and helps us better understand the changes that can happen in such a short amount of time. The law office was a very orderly place, it just takes one person to throw any well oiled system off balance.

Roman law in the republic was often based on custom (Paul-Louis). During the Roman Empire, however, the emperor became the final source of law. Roman law was one of the original products of the Roman mind. They created the Twelve Tables, which was the first Roman code of law developed during the early republic. Roman civil law allowed great flexibility in adopting new ideas or extending principles in the complex environment of the empire. This was to establish laws that allowed greater fairness. Early Roman law

where created. The bases of Roman life where that of law and order and this only took place with

Laws are usually inspired and taken from the common knowledge of the society, whether the common knowledge was good or bad it does not make a difference. To illustrate, common laws derive from ethical backgrounds passed through generation to generation, where they feel that these traditions are sacred, and they cannot change it, because they fear the resistance that might develop form that change. Similarly, any religion after certain time gets to change in the name of modernity and prestige. To explain more, Hammurabi

The Roman Law was created in 100 C.E it was the basic legal system of ancient Rome. It was a basic set of commands which of all there citizens must follow or will face the consequences. This law greatly helped the development of law in many other eastern and western civilizations. This law can still be seen today as it is a basic set of rules which all must properly comply with in our civilization now in

The Roman lives were based on the Twelve Tables, which were their written laws enforced by the government. The Twelve Tables were stable for over a millennium until the fall of the Roman Empire in 476 A.D. The Romans were able to keep control through fair legal rights basically saying any crime was intolerable, but could be solved in a court case to determine the fate of the criminal. The Romans were half democratic and gave the people some voice by selecting representatives. This ruling helped decimate any crime and prevent murder. Although there are many positives to this ruling, innocent newborns with a deformity were ruthlessly killed. (Doc. 6)

Justice is interpreted in different ways, by different people. Take Hammurabi’s Code for example. Hammurabi’s codes were 282 laws carved into several pillars of stone (doc A). If any of his laws were broken, the violators were subjected to cruel, unusual punishments. The slightest of misdemeanors, were punishable by publicly demeaning them. In present times his codes would considered unjust and cruel. However, in ancient times these laws were deemed appropriate as well as just.

Chinggis Khan founded the Mongol Empire in 1206 A.D. this was the rise of nomadic pastoral societies in the north. The Mongol’s established the largest contiguous empire in the Neolithic era. The Mongol Empire was notable for their military power, their diplomatic protection, and safe travel. These notable features aided the growth and expansion of the empire. The Mongols conquest left a trail of blood and destruction. For a century, the Mongol Empire cultivated for the first-time East-West contact. I will further discuss the primary sources and secondary sources of the Mongol Empire.

In 450 B.C., the first Roman law code was inscribed on 12 bronze tablets–known as the Twelve Tables–and publicly displayed in the Roman Forum. These laws included issues of legal procedure, civil rights and property rights and provided the basis for all future Roman civil law. (Staff)

The leaders of the Roman Republic developed laws to create order after centuries of chaos. These laws were so advanced for their time sometimes to this day we see and practice them in everyday life. An example of this is Table IX which basically states that if a judge is bribed or cheats the system he or she shall be punished (Station 1, Doc 1). Also to this day, our governments have striking resemblance; we are viewed as a Republic democracy and this was considered the same for Rome.

It followed the rule of law, meaning that the law applied equally to everyone. A top official could be punished just as much for breaking the law as a common man could. Romans did not have one top official, and instead split power between two people to avoid one person having too much power. Most importantly, Rome’s government was split into three powers, or branches, each with specific responsibilities.

It may also have included laws laid down by especially wise kings of previous dynasties (Diodorus cited in Erman 141). Regardless of its origin, it is certain that there must have been an established system of rules of conduct beyond the whims of the king.

“With laws unwritten, patrician officials often interpreted the law to suit themselves. In 451 B.C., a group of ten officials began writing down Rome’s laws. The laws were carved on twelve tablets, or tables, and hung in the Forum. They became the basis for later Roman law. The Twelve Tables established the idea that all free citizens had a right to the protection of the law.” (page 156)

Laws in Mongol Society, were introduced to us by Genghis Khan. They were mainly focused on three things: obeying Genghis Khan, keeping the tribes unified and stopping doing wrong things or the person would be harshly punished. There are considered to be 22 laws, but I find the following the most important ones to me:

By that time, the Republic had extended its control throughout the Mediterranean Sea and as far as Britain. That control would operate under an informal unwritten constitution, and establish the use of Latin as its official language, while codifying rights, responsibilities, and status under a written law. Beginning with the Law of the Twelve Tables, Roman jurisprudence would develop over the next one thousand years into a legal system that would eventually become the early basis for law in continental Europe. Even English and North American “common law” owes more than a passing debt to the Romans. Case law and precedents find their roots in a Latin legal term, stare decisis, meaning “ to stand by things decided”. The development of a written law was seen as a method of eliminating indiscriminant application of the law by magistrates and officials upon the lower plebeian class.