CIVIL LAW

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 This term is generally used to designate the Roman jurisprudence, or Roman Civil Law. In its most extensive sense, the term Roman Law comprises all those legal rules and principles which were in force among the Romans, without reference to the time when they were adopted. But in a more restricted sense we understand it to be the law compiled under the auspices of the Emperor Justinian. This system of law is the antithesis of the Common Law in that its fundamental premise is that sovereignty resides in a ruler, or ruling body; whereas the fundamental premise of the Common Law is that sovereignty resides in the individual, and in the people as a whole. The influence upon (and, indeed, the usurpation of) principles, practices and usages of the Common Law System in the United States by Roman Civil Law jurisprudence cannot be denied by the impartial inquirer.