"Roman Impression" in the Formation of Legisprudence

Abstract

The purpose of the Article is to study the origins of the European tradition of studying the law-making process – Legisprudence based on the analysis of the creating law processes in Ancient Rome and on the basis of the worldview of Quirites. Such study became possible thanks to the textual analysis of the legal texts of Roman lawyers and the latest research in the field of lawmaking. Methodology. In the process of preparing the article, a sociocultural methodological approach and a number of scientific methods were applied, the most important of which are: generalization, comparative legal, hermeneutic methods. Such a set of methodological tools ensured the integrity of the study of understanding the role of the ancient Romans in determining an independent theoretical direction in the study of the legislative process. The scientific novelty lies in the fact that the article reflects the origins of legisprudence as a theoretical trend that took place in the context of the worldview and ideological guidelines of the Quirites culture. The specificity of the ancient Roman understanding of laws and the main characteristic features of the legislative process in Rome are pointed out. Conclusions. It is shown that legisprudence as a direction of ancient Roman jurisprudence was associated with the main worldview instructions of the ancient Roman society and was due to the search for ways to create effective laws.

Keywords: law; legisprudence; rulemaking; law-making process; lawmaking.