02/10/2026
Roman Law, Latin and English Law
By Cicero’s time – the first century BC and the dying days of the Roman Republic - Rome had a highly sophisticated legal system. Distinctions had been made, for example, between the obligations of contract and those of tort. Between the ownership of property and mere possession. Standard contract terms for various kinds of commercial activity had been developed and were regulated over the succeeding centuries for the promotion of trade across the Empire.
Some Roman jurists recorded detailed Codes (or summaries) of the laws in place in their day. After the Empire’s collapse, amid the chaos of the Dark Ages, those codes were lost.
They were re-discovered in the 11th century AD. While many emerging European nations, including Scotland, adopted them, England did not. English kings preferred to administer the local laws which became known as the “English common law.”
Nevertheless, those codes always exercised influence over English jurisprudence and some of their language became part of English legal terminology. The very words “justice”, “judge” and “judgement” all come from the Latin word “ius” meaning law. The word “injury” comes from the Latin “iniuria” which means “against the law.” The word “crime” comes from the Latin, “crimen” which means a charge or allegation. More than this, Roman law left us a host of expressions of legal principles which, until fairly recently, had been much used in the practice of English law.
Examples are:
actus non facit reum nisi mens sit rea - an act does not make a person guilty unless the mind is also guilty. This is considered a cardinal doctrine of English criminal law.
res ipsa loquitur - the matter speaks for itself. This is a rule of evidence in injury claims where the circumstances of the accident point to the likelihood it was one party’s fault. For example, driving into the back of a car.
de minimis non curat lex – the law does not care for trivial matters. Petty complaints about another person should not be brought to court.
For centuries, these sorts of expressions have been a basis for complaints of
obscurantism practised by pompous (and probably classically educated) lawyers. However in 1999, to make the law more accessible, court reforms (promoted by the Plain English Campaign) swept away the use of legal Latin. Expressions like affidavit, ex parte, ad litem, sine die, prima facie were all consigned to the obscurity they (perhaps) deserved?