Legal systems around the world are developing heterogeneously. Some of them set certain priorities and frameworks for their actions, while others set completely opposite ones. One way or another, but in the development of the legal systems of states, reception is used. It is not so much the duty of the state to uphold traditional law as much as necessity. Accumulated by dozens, or even hundreds of years, legal norms are relevant at the moment.
What it is?
Reception of law - this is the borrowing, use of certain provisions of a legal system by states, as a rule, by later ones. Thus, the reception is closely related to history. If you think about it, the needs of people never change, and therefore, the norms that govern them, in essence, can also remain unchanged. The only difference is in some modification of these norms, for example, in the Middle Ages, human rights were seriously leveled, while now their priority is 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 of the norms. Thus, the use of reception (borrowing the historical experience of other states) can significantly reduce the work of the entire state apparatus in 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 making changes or modifications. In this case, the rule of law, which has undergone reception, becomes the basis for the functioning of the entire apparatus of legal regulation in one area or another. Moreover, this kind of reception is a special way to build the entire legal system of the state, because direct borrowing should presuppose such an identity and similarity of legal apparatus and doctrines in which any norm, even historical, can be transferred to modern conditions.
Derivative reception
It differs from the direct reception in that it transfers the rules of law either with their further change (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 Napoleon Code), with some changes. Suppose, after another 2 centuries, Russia has borrowed from France the provisions of the Code of Napoleon. It turns out that Russia uses such a technique as reception in international law. This is the most popular and striking 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 that reception plays. This is due to the active political struggle within Rome, and aggressive policies, the expansion of borders, and the need to restore justice within society in order to maintain democracy. A large number of modern states use the rules of Roman law, however, modifying them a little and modifying them in accordance with modern requirements of the time. Not a single state in the history of its existence has been as successful in legal policy as Rome (of course, significant advancements of Byzantium should be noted).
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 modified.