LAW AND LEGISLATION IN ANCIENT ROME: ORIGINS OF POSITIVE LAW

Abstract

The article is devoted to the problem of the origin of the earliest ideas about the
meaning of positive law in the jurisprudence of Ancient Rome and the ancient Roman
legal consciousness and legal culture. The distinction between law and legislation, the
role and status of positive law in the legal system, its evaluation from the point of view
of compliance with the idea of law – ideas, specific to different types of legal consciousness
of a later period originated in the legal doctrine of Ancient Rome. The problem of
norms of the Roman law is examined from the point of view of modern ideas about the
rule of law; its features in relation to this historical period are distinguished. The authors
come to the conclusion that the characteristic of Ancient Rome multiplicity of sources of
law led philosophers and lawyers to the allocation of a special concept of law, uniting
the entire set of regulations of the normative nature.