Law and legislation in Ancient Rome: origins of positive law

The article is devoted to the problem of the origin of the earliest ideas about the meaning of positive law in the jurisprudence of Ancient Rome and the ancient Roman legal consciousness and legal culture. The distinction between law and legislation, the role and status of positive law in the legal system, its evaluation from the point of view of compliance with the idea of law - ideas, specific to different types of legal consciousness of a later period originated in the legal doctrine of Ancient Rome. The problem of norms of the Roman law is examined from the point of view of modern ideas about the rule of law; its features in relation to this historical period are distinguished. The authors come to the conclusion that the characteristic of Ancient Rome multiplicity of sources of law led philosophers and lawyers to the allocation of a special concept of law, uniting the entire set of regulations of the normative nature.