Philosophy of Society

Philosophy of Law

The Romano-Germanic Legal Family

The Romano-Germanic legal family represents a paradigm of legal thought that emerged from Roman law, the national legal traditions of the Germanic peoples, and Catholic canon law. This system is prevalent in Continental Europe and countries influenced culturally by Continental Europe, such as those in Latin America. The development of this legal system is typically divided into three periods:

• In the first period (5th-11th centuries), Germanic and Slavic tribes settled across Europe and came into contact with Roman culture. At this time, they used customary law, which was recorded during periods of settlement. Thus emerged the first codices of European customary law: the Burgundian Law (between 480-501), the Salic Law (between 507-511), the Visigothic Law (654), the Alamannic Law, the Bavarian Law, the Frisian Law (8th century), the Saxon Law (802), the Thuringian Law, and the Rus' Law, among others. These codes of law were referred to in the Middle Ages as barbarian laws (leges barbarorum), in contrast to Roman law.
• In the second period (12th-18th centuries), the Catholic Church played a prominent role in legal activities, creating canon law and establishing a unified legal space for Christian Europe. The Catholic Church founded schools and universities where legal studies were prominent. It was Catholic jurists who laid the foundations of the European legal system, which is based on the Bible, Roman law, and the customs of the Germanic peoples. As the Catholic Church was the only supranational institution in Medieval Europe, it was tasked with forming and regulating relations among European countries and between monarchs, the nobility, and the people within these countries. The development of cities, guilds, trade, particularly maritime trade, compelled Europeans to complicate and refine their laws.
• During the third period, European legal science underwent several changes. The Reformation resulted in the Catholic Church losing its role as the sole supranational institution with universally recognized authority. Protestant countries saw no need to adhere to its norms. The complexities of economic life, trade, production, revolutions in various European countries, colonization, and the development of military technologies necessitated the re-codification of legal norms and the enactment of laws to regulate aspects of life previously unencountered by Europeans.

The defining feature of the Romano-Germanic legal systems is the role of normative legal acts. For Europeans, a law is what is written and enacted by an institution with the authority to do so. That which is not written on paper has no legal effect. The supreme law of each country is its constitution or constitutional act, and all areas of life are regulated by corresponding laws codified in codes. All subordinate legal acts are written, all judicial decisions are issued in written form, and courts consider only financial or other obligations documented in writing. The same applies to international agreements: European leaders enter into written agreements and confirm them with their signatures, rather than negotiating orally or through peace pipe ceremonies or other rituals. The importance of written acts also underscores the significance of institutions authorized to issue, interpret, and enforce these acts. To ensure the proper drafting of laws and avoid misunderstandings, the Romano-Germanic legal systems place great emphasis on the training of professional jurists.

Customs within this legal family are not entirely dismissed, but their role in law-making is very limited. Legislators may consider customs when drafting laws, but courts usually do not reference customs in forming judgments. Equally important to this legal family is the logical consistency and coherence of laws. A legislator cannot enact a law that contradicts other laws. If such a conflict arises, the higher-level law prevails (e.g., the constitution is more important than a statute, and a statute is more important than a government decree). In Ukraine, the Constitutional Court is responsible for resolving such conflicts.