II. Sovereign
2.5 Roman Law Form
Article 51 - Lex (Private Legal)
Unlike other civilizations that had functioned under the “golden rule” of “all are equal under the law”, the Romans developed two (2) parallel systems of law – “one (1) for the rich and privileged of Rome” called “Lex” and “one (1) for everyone else”. The word Lex is the root of words such as “legal”, “legislation”, “legitimate”, “legate’ and “legion” which remains cornerstone of the three - level Roman system of Western law.
Lex was defined largely by several bodies of law expressed as “rights” or ius in Latin being civile, gentium, publicum and privatum:
(i) Ius Civile, also known as “citizen law” was the body of rights of citizens (civilis) within Roman society; and
(ii) Ius Gentium, also known as “law of peoples” was the body of rights of all levels of citizens versus foreigners; and
(iii) Ius Forum also known as common or public spaces law included a wide variety of laws and customs such as the Twelve (12) Tablets within the forum of obligations and expectations of Roman citizens, administrative functions and duties; and
(iv) Ius Domus, also known as law of the home was essentially the law of the household.
The most notable features of Lex compared to other systems of ancient law and subsequent law are: Inequality, Complexity, Corruption, and Injustice:
(i) Inequality is the first feature of Lex in that the Roman System did not allow claims from those of lower class to prevail against a higher class, even if the claim was justified; and
(ii) Complexity is the second feature of Lex in that the Roman System of law permitted the writing of customized laws and rulings in favor of one person against another, creating an ever growing complex system of statutes; and
(iii) Corruption is the third feature of Lex whereby money, greed, avarice were all able to be accommodated under Roman Law against legitimate concerns, for the benefit of an elite few; and
(iv) Injustice is the fourth feature whereby the under Roman Law was never intended to be just and equal, but a tool to exploit power and advantage.