Introduction to law

sem 1

Roman Malta

Before Roman Malta, laws and customs were not codified - lots of early legal info lost

Malta became Roman territory after the 2nd punic war in 218bc

The Maltese were still seen as Maltese, just living in Roman territory

The Ius Civile only applied to the Romans living in Malta, ex soldiers

The Romans embraced Maltese laws/customs though they were not codified

Cicero stated that the Maltese were Socii - not Romans but had some Roman rights

In 212ad Caracalla granted everyone living in Roman territory Roman citizenship. He did this to increase taxes and expand his dominian.

in 536ad Emperor Justinian’s code was adopted and the Corpus Iuris Civilis started to function, officially making roman law maltese law.

Arab Malta

Limited information

The arabs did not abolish the already established Maltese laws (based on Roman law)

Where legal gaps applied (Lacunae), it was bridged using Maltese customs

Some arab customs were introduced by arab governors (emirs)

Overall, the arabs did not significantly alter Maltese law

Norman Malta

In 1090, count Roger conquered Malta

Sicilian law was introduced, based on the Ius Civile following many years of evolution

The Ius Civile was once again the basis of Maltese law

Canon law aka Church law also influenced Maltese law

Canon law was based on Roman law since the Church was based in Rome

Both State and Canon law applied Ius Civile

Malta functioned as a state mainly based on Roman law

Hospitallers Malta

Ruled from 1530-1798

The Grandmasters followed the Roman Ius Civile

Malta maintained a legal system that followed Roman law

The introduction of codified laws for Malta

The Code de Rohan was promulgated during this period. It was the last codified law under the Hospitaller’s rule.

French Malta

Upheld roman law

Napoleon added his own French civil and criminal code to the Ius Civile