What was roman law

In 27BC it was, therefore, not at all clear that Rome would be transformed into an Empire. The Empire would continue to spread, incorporating the territories of what is today England, Romania and, for a brief period, Iraq. Men of exceptional political and military talents, such as Vespasian 69—79 , Titus 79—81 , Trajan 98— , Hadrian —38 , Antoninus Pius —61 , Marcus Aurelius —80 and Septimius Severus — ably took over the helm of the Empire through a long era of peace and relative stability: the Pax Romana.

This period coincided with the apex of classical jurisprudence. It was during this era that emperors exalted and availed themselves of the most talented jurists, first through the concession of ius respondendi , and later also by appointing them to senior positions in the imperial administration.

At the beginning of the third century the Empire was immersed in a period of profound institutional crisis, sometimes bordering on anarchy, with a number of emperors being assassinated. On its borders Rome was also on the defensive, and an economic crisis racked the entire Empire. With regard to jurisprudence, the death of Papinian d. In Caracalla —17 , motivated by a desire to be able to levy taxes on a greater number of people, granted Roman citizenship to all free inhabitants of the Empire, making Roman law universal; this marked one of the key steps towards territorial integration and legal unity, which would accelerate during the Dominate.

After the crisis of the third century, two forceful figures — Diocletian — and Constantine —37 — managed to gain power and hold it firmly for a long period, though the latter would be forced to fight two civil wars to do so. Diocletian realized that he needed to limit the power of the army in order to stabilize the government. For this purpose he removed generals from key executive positions and fomented the development of a body of civil servants in each government branch. Diocletian employed a series of ceremonies to exalt his position, including substituting the old salutation by the prostration before the imperial purple robe, thereby illustrating the infinite distance between the emperor and his subjects.

His few public appearances were orchestrated as epiphanies of an almost sacred nature. Thus ensued a period of absolute monarchy, depending upon an anonymous but effective bureaucracy, which came to be termed the Dominate. During the Dominate the division between the Eastern Empire and Western Empire became more pronounced, and there was rarely optimal collaboration between the two. The center of power shifted towards Constantinople.

In the West, Rome even lost its status as a political center when the seat of government was moved first to Milan, and then to Ravenna. Diocletian and Constantine did manage to keep the territorial integrity of the Empire essentially intact. The West, however, was devastated when in the fifth century Germanic and Asian barbarian tribes invaded in search of new territories. In the last Western emperor was toppled. The eastern part of the Empire, however, managed to survive, and during the fifth century enjoyed a period of peace and relative prosperity.

In the sixth century, under Justinian, it even undertook an attempt at expansion, albeit a short-lived one. Theodosius I —95 was one of the last great emperors. The Christianization of the Empire had consequences for private law, particularly with regard to that governing people and families, which was softened in comparison to the harsh family regime largely inherited from the Archaic Period.

The legal status of slaves and women, for example, substantially improved. In other areas of law Christianity intensified a moralistic tendency and a certain disregard for form, which spread along with the classical ius. The growing importance of the bureaucracy tended to undermine the role of the classical jurists and their refined reasonings.

Likewise, the bureaucratic vocation of post-classical jurists made them venture into areas beyond the old ius , such as administrative, tax, and criminal issues; the distinction between private law and public law became significant. Neither did jurisprudence escape the general crisis. Only in some schools of law, such as those at Berytus and Constantinople modern-day Beirut and Istanbul — both located, not coincidentally, in the eastern part of the Empire — was jurisprudence still cultivated.

As with any primitive society, Roman law was initially characterized seventh—fifth centuries BC by a close connection between the legal and the religious spheres.

Ancient Rome, however, would quite quickly draw a distinction between the two. Laws of a religious or magical-religious character were identified by means of the fas—nefas dichotomy. In order to remain in the good graces of the gods, who were also involved in and formed part of the community, society carefully assured that all human behavior was in accord with the concept of fas.

Behavior contrary to fas was nefas : for example, high treason, the secular use of sacred sites, or the holding of a trial on any of the days on which this was forbidden. Though related in various ways, ius was different. Ius , the laws governing relationships between citizens, could be traced back to the mos maiorum , or customs of the elders.

Behavior that somehow wronged a fellow citizen violated ius and, as such, constituted iniuria. However, it was recognized that ius essentially governed the sphere of relationships between individuals, without affecting the community as a whole.

The same rigidly ritualistic nature of fas was found in the archaic ius. If when dealing with fas it was necessary to thoroughly comply with the prescribed ritual in order to obtain the supernatural result desired with expiatory offerings, for example , in the most ancient law it was also ritual and exact compliance with it that produced the desired effects. Thus was the case, for instance, with mancipatio, which was originally the only way to convey the ownership of Italic land, slaves or cattle: its legal effects proceeded not from the intention or the consent of the parties basically irrelevant factors but from proper execution of the corresponding ritual seizure of the object in front of its owner, weighing a coin of copper or bronze on a scale in front of five adult witnesses, pronouncement of prescribed phrases.

Form and protocol would always retain considerable importance in Roman law, even in subsequent stages of its development. They, the pontiffs, were responsible not only for preserving and transmitting the law, but also interpreting and applying it. Thus, citizens submitted their legal questions and consultations to a pontiff who — as if he were an oracle, but without the ambiguity associated with Greek religious oracles — issued a brief and precise response.

The existence of a rudimentary but complete body of jurisprudential thought as early as the era of the incipient Republic would be suddenly manifest when the plebeians, in the context of their struggle with the patricians the only citizens permitted to enter the pontifical colleges , demanded the codification and subsequent publication of the ius.

This would take place circa BC via the Law of the Twelve Tables, which condensed all the secular heritage of pontifical law into a general law known by all, patricians and plebeians alike. The entire ius would be open to public access in the form of 12 bronze tables hanging on the walls of the Forum.

It is not possible to reconstruct the content of the law exactly, as the objects were lost due to a fire in BC. Towards the end of the Republic, knowledge of their content was already incomplete.

It is clear, however, that most of their stipulations involved private and procedural law, along with some regarding sacred, criminal and public law; in summary, the areas encompassed by the pontifical ius. They did not contain regulations pertaining to the organization of the state. As such, the Twelve Tables did not represent an avant-la-lettre constitution. In the legal tradition, the Law of the Twelve Tables would acquire legendary status.

Cicero —43BC recalled how as a boy he learned the Law by heart, reciting it along with other children. During the Principate the law was still the object of jurisprudential comments, despite the fact that the text was no longer available. With the drafting and publication of the Law of the Twelve Tables, however, the pontiffs did not suddenly relinquish their legal authority. Rather, they maintained their roles as privileged legal advisors: still turned to for responsa , they would retain control over the development of the ius.

It would not be until during the third century BC when the pontiffs gradually lost their monopoly on knowledge of and the application of the law, sharing it first with lay patricians who took an interest in these issues, and ultimately surrendering it altogether.

As a whole, archaic Roman law played a decisive role in shaping the ius civile. The core of it all came about during this period.

Many of the specific elements of archaic law would subsist at the heart of Roman law in all its later developments. This may be explained by the fact that Roman law was, to an extreme degree, one based on history: the new did not replace the old via repeal and replacement, as this clashed with the Roman sensibility, characterized by a deep respect for tradition. Rather, new elements were only gradually superimposed over older ones as they fell into disuse, with a number of ancient ones enduring.

Examples of ancient elements were the mancipatio ritual to convey ownership of important goods, and the stipulatio , the most ancient contract with a rigid form of questions and answers between the contracting parties. Surely the most important and lasting achievement during this era, however, was how the ius came to be independent of fas , which marked nothing less than the gradual but inexorable establishment of law as a secular order.

The radical autonomy of the specifically juridical — the perpetual search for a just, prudent and rational solution for each specific case suum cuique tribuere : give to every one his due — Inst. During the third century BC, the pontiffs saw their influence upon the application and development of law reduced as the jurists and praetors came to supplant them. Some of these men pursued their studies in the law and managed to acquire a deep level of understanding in this area.

Increasingly their fellow citizens would turn to these legal scholars for legal advice. The jurists inherited function, method and style from the priests, continuing to formulate responsa : concise answers to particular cases with which they were presented.

As a result, except for the Law of the Twelve Tables, the ius civile remained eminently casuistic. In principle the ius civile applied only to the law of the Romans, i.

As of the third century BC the ius featured three layers or strata: the oldest and most archaic was made up of moral and custom-based precepts which, as a class, were referred to as mos maiorum; the Law of the Twelve Tables constituted a second stratum; while the last was formed by the responsa , issued by experts.

In general legislation was not decisive in this phase of private Roman law, nor was it in the subsequent phase, the Classical Era. The Roman Republic featured different types of legislation depending upon the assembly that approved it.

However, lex did not have much influence on ius ; with a few exceptions the Roman leges had to do mainly with public law and criminal law. During the Republic the figure of the praetor, a magistrate who exercised jurisdiction , that is, who administrated justice, became central. Under the Republic the praetor was the second most prestigious magistrate after the consul and, like the latter, wielded imperium , or the highest executive power.

As with the post of consul, praetors were appointed to one-year terms. They did not, however, operate as a body. Over time there were several praetors, but without forming a council with a veto right. It was a non-remunerated post, as were all the Republican magistracies. Originally there was only one praetor, but as the population of the city increased due to a massive influx of foreigners, in the middle of the third century BC a second praetor was instituted.

One of them, the praetor urbanus , continued to handle the administration of justice between Roman citizens, while the other, the praetor peregrinus , was responsible for the administration of justice between foreigners and between foreigners and Romans. Over time the need arose for the establishment of additional praetorships.

Civil procedure consisted of two stages, its bipartition enduring as one of its most noteworthy characteristics until well into the imperial era. The first phase, called in iure, took place before the praetor. The praetor was a magistrate of the Republic, while the judge was a private citizen who did not occupy any honorary post and was appointed as needed. During the first phase the praetor, in the exercise of his jurisdictional authority, processed the suit in the legally established manner: he took note of the claim and the defenses exceptiones , verified whether they fell under any of the cases provided for, and granted or denied the action.

If he denied it the process ended. If he granted the action, the litigants passed to the next phase, before the judge, who would hear the witnesses and lawyers, learn about the facts in detail and, finally, without departing from the strict limits determined by the praetor when granting the action, issue his ruling.

The praetor actively participated, along with the parties, in the legal evaluation of the case, while the judge was confined to passively hearing the evidence and arguments before ruling in favor of one party or the other. The first phase took place in public , in the northeastern zone of the Forum, the central square of Rome and the heart of political life, or in a basilica near it, such as the basilica Aemilia.

The praetor received the parties clad in his toga praetexta an ordinary white toga with a purple stripe on the border , on a platform tribunal and sitting in a curule chair, a folding and portable ivory stool, flanked by six lictors, a class of bodyguards who on their shoulders carried the fasces , a bound bundle of rods from which an axe blade protruded. Such were the symbols of imperium originally exclusive to the rex , which the praetor wielded.

The second phase, apud iudicem , was usually held in the Forum or basilica itself at an agreed-upon place, but did not feature any symbols of imperium, which the judge, a common citizen, utterly lacked. The praetors were not necessarily experts in law, but rather experienced politicians eager to successfully ascend during their year as praetors the penultimate step in the ranking of public offices before they could become consuls.

Nor was it common for the citizen acting as the judge to have legal training. Therefore, each of them was advised by a group of jurists. The praetors inherited from the pontiffs a rigid and solemn civil process, ritualized with certain gestures and words. What could not be formulated within a legis actio lacked legal protection, in which case the praetor was forced to deny access to justice.

The influx of foreigners, to whom ius civile was not applied, augmented the discretionary capacity of the praetor peregrinus. For foreigners Roman law provided for the development of a different procedure: the procedure per formulas , or formulary procedure, which allowed the praetor to bypass the legis actiones and decide with greater autonomy whether to allow or reject an action. This was still a formal procedure, but one more flexible, versatile and responsive to changing legal and economic conditions.

Soon pressures grew and opened up the new formulary procedure to suits between Roman citizens as well. Gradually the archaic legis actiones fell into disuse, and by the end of the Republic they were almost forgotten.

Formulary procedure characterized and left its peculiar mark upon classical Roman law. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! Log in Sign Up. Save Word. Definition of roman law. First Known Use of roman law circa , in the meaning defined above. Learn More About roman law. Time Traveler for roman law The first known use of roman law was circa See more words from the same year.

Statistics for roman law Look-up Popularity. Style: MLA. Roman law noun. Library Website. Research Guides. Roman Law Research. Reference Department. About Us Ask Us. This customary law ius , in Latin was handed down through generations and was considered by the Romans to be an inherited aspect of their society as it had evolved from its earliest days. Integral to the notion that this customary law was part of the fabric of early Roman culture was the fact that this law only applied to Roman citizens and was thus ius civile , or civil law.

The Twelve Tables During a period of social unrest, when some Romans felt that legal decisions were being arbitrarily decided, a push was made to write down the law in order to better anticipate how decisions would be made. The Jurists and the Evolution of the Roman Legal System As the Roman republic grew into an empire, its rulers faced the increasing challenge of governing an ever more diverse and far-flung population.

Corpus Juris Civilis and the Development of Western Legal Systems The compilation of Justinian is widely considered to be the emperor's greatest contribution to the history of Western society. Subjects: Legal History. Tags: legal history , rare books , roman law. These linked icons indicate your access to the resources discussed in this guide.

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