Is reception a necessity or a duty?

Legal systems around the world are developing non-uniformly. Some of them put certain priorities and scope of their actions, the other part - completely opposite. One way or another, but in the development of legal systems of states, reception is used. It is not so much the duty of the state to support traditional law as much as it is necessary. The legal norms worked out by tens, or even hundreds of years, are relevant at the moment.

What it is?

The reception of law is borrowing, the use of certain provisions of a particular legal system by states, as a rule, is later. Thus, the reception is closely connected with the history. If you think about it, people's needs never change, and therefore the norms that regulate them, in essence, can also remain unchanged. The only difference is in some modification of these norms, because, for example, in the Middle Ages human rights were seriously leveled, whereas their priority is now being proclaimed. The main task pursued by the reception is the use of the norms of the legal system of another state, which would take into account the current conditions of the borrowing state norms. Thus, the use of reception (borrowing the historical experience of other states) can significantly reduce the work of the entire state apparatus for the development, creation and implementation of legal norms. There is a reception in 2 types.

Direct Reception

It implies the absolute transfer of the rule of law without modification or modification. In this case, the rule of law, which has been subjected to reception, becomes the basis for the functioning of the whole apparatus of legal regulation in this or that sphere. Moreover, this kind of reception is a special way of building the entire legal system of the state, because direct borrowing should presuppose such an identity and similarity of legal apparatuses and doctrines in which any norm, even historical one, can be transferred to modern conditions.

Derived Reception

It differs from direct reception by transferring the norms of law either with their further modification (modification) or borrows the already changed norm. For example, the Roman Empire is the creator of a certain rule of law, which is then borrowed by modern France, after 18 centuries (the world famous Napoleonic Code), with some changes. Suppose, after another 2 centuries, Russia borrows from France provisions from the Code of Napoleon. It turns out that Russia uses a method such as reception in international law. This is the most popular and vivid example of reception in the legal field, especially given the current pace of globalization.

Reception of Roman law

The most striking and characteristic example of reception is associated with the Great Roman Empire (and even with earlier forms - the Roman Republic). The legal system of Rome in those days was so strongly developed that even modern states understand the important role played by the reception. This is connected with the active political struggle within Rome, with aggressive politics, the expansion of borders, and with the need to restore justice within society in order to support democracy. A large number of modern states use the norms of Roman law, however, they are slightly modified and modified in accordance with modern requirements of the times. No state in the history of its existence has been so successful in legal policy as Rome (of course, it is worth noting the significant advancement of Byzantium).

The Roman reception is the most famous, popular example in the whole world. Perhaps, there are no modern civilized states that do not use the norms of Roman law, albeit altered.