European Legal History

Roman Law
Chronology and Overview

ABSOLUTE MONARCHY EARLY REPUBLIC LATE REPUBLIC PRINCIPATE DOMINATE

POLITICAL Absolute monarchy Creation of new bodies to Existence of bodies to Duopoly of power between Monopoly of power under the
STRUCTURE under the rex avoid the concentration avoid the concentration Emperor and Republican Emperor
of power in the hands of of power in the hands of institutions (Senate)
one individual one individual
Bureaucracy and civil service

SOCIAL STRUCTURE Patriarchal, Division between Division between Justinian determined to ‘make
agricultural society patricians and plebeians aristocracy and lower Rome great again’- cultural revival,
classes military reform
‘Pater familias’ Rural, agricultural society
Economy based on trade
and industry

Close connection Distinction between law Praetor in charge of the Beginning of systematization All sources of law in the hands of
KEY CHARACTERISTICS between legal and and religion legal system the Emperor
OF THE LAW religious spheres Perpetual Edict acknowledge
LAW OF THE XII TABLES Casuistic law decline in praetorial power Centralization of one legal system
Focus on customary
law Praetor in charge of the Legal science Most important source of law: Legal science
legal system legal science
Legis actiones Lex Aquilia Codification project
Legis actiones Casuistic and practical law
European Legal History

Roman Law
Chronology and Overview

Formulary procedure Cognitio procedure

Absolute Monarchy (Until 509 BC)

Political structure:

 Absolute monarchy under the rex

Social structure:

 Patriarchal society- ‘pater familias’

 Agricultural society

Organization of the law:

 Close connection between legal and religious spheres – No distinction between ‘fas’ and ‘ius’

Republic (509 BC- 27 BC)

2.1) Early Republic  

 
Political structure:

 Main concern behind the shift from absolute monarchy to republic: avoid the concentration of power in the hands of one ruler.  
 Limited time in power (1 year) 
 Veto-power from colleague 
 Splitting up responsibilities and roles 

 Central body: Senate made up of 500 families 

 Executive/ Decision-making bodies: Magistrates elected every year 
 Quaestor- Public order 
 Praetor- Responsible for the legal system 
 Consul- Highest political/ military office 
European Legal History

Roman Law
Chronology and Overview

 Popular assemblies: voted on initiatives and elected officials 

 Minor offices: 
 Censors
 Priests
 Dictators (in extraordinary circumstances) 
 
Social structure:

 Patricians
 Plebeians 
 471 BC: Laws for plebeians 
 451 BC: Law of the XII Tables 
 367 BC: Access to magistratures 
 287 BC: Laws for all the population 
 3rd Century BC: Distinction between patricians and plebeians becomes irrelevant 

Organization of the law:

 Distinction between law and religion: fas and ius 

o Formalistic/ ritualistic ius/ law
o Priests play an important role in law 
o LAW OF THE XII TABLES - Patricians and priests forced to give up their monopoly over the knowledge of law- laws formally written down

 
Other features:
 Rural/ agricultural society 
 Conquest of other italic peoples  

2.2) Late Republic

 
Social structure:
European Legal History

Roman Law
Chronology and Overview

 Economy: Trade, commerce, industry, finance, slavery

 Social distinction: Aristocracy vs lower classes
 Contact with Greek culture (rethoric, philosophy)
 Ius gentium

Organization of the law:

 Praetor in charge of the legal system

 Granted or denied access to the courts
 Published an edict upon taking office - detailing course of action to be followed
 Casuistic
 Judge made the decision to acquit or convict the defendant based on facts
 Legal science: Responsa
 Not much legislation on private law - except for the Lex Aquilia
 'If anyone unlawfully kills someone else's slave or cattle, they shall be condemned to pay the owner the highest value that the property had
attained in the preceding year'
 'If anyone does damage to another by wrongfully burning, breaking or spoiling his property, they shall be condemned to pay the owner
whatever the damage shall prove to be worth in the next thirty days"

Empire (From 27 BC) 

3.1) Principate
 
Political structure:

 Duopoly of power- Shared authority between the Senate and the Emperor (Augustus)
 Republican institutions
 Princeps Senatus
 Plebeian Tribune

 Civil service and bureaucracy

European Legal History

Roman Law
Chronology and Overview

 No new offices created

 No dynastical rule
Organization of the law:

 Not much legislation in private law

 Perpetual Edict- Acknowledged praetorial power had declined
 Most important source of law: legal science
 Legal science was both casuistic and practical
 Ius respondendi: The right to give legal advice in the name of the emperor; granted to jurists
 Rescripta: Written documents containing informed legal opinions
 Typical exam question: Explain why during the Principate, legal science became the most important source of law

 Beginning of systematization:
o Institutiones by Gaius: personae- res- actiones (persons, things actions)
o Public law and private law
o Obligations: Contracts and delicts

 Literary production:
o Comments on the Perpetual Edict
o Didactic works and textbooks
o Collections of responsa
o No monographies on larger subjects

3.2) Dominate
 
Political structure:

 Emperor: From 'princeps inter pares' to 'dominus'

 Centralized state:
o Bureaucracy- decisions made by state officials rather than elected representatives
European Legal History

Roman Law
Chronology and Overview

o Establishment of Christianity as state religion by Theodosius

o Citizen rights- every free inhabitant of Rome became a Roman citizen. This resulted in the centralization of one legal system

Organization of the law:

 All sources of law lay in the hands of the emperor

 Sources of law:
o Legislation: Constitutiones imperiales/ imperial legislation
o Courts: Cognitio procedure
o Legal science- works of experts
 Law of Citations
 Codification projects

 Timeline: 4th-6th Centuries AD

o 378: Adrianopoli
o 410: Sack of Rome
o 430: Vandals North Africa
o 476: Fall of Rome
o 530: Justinian's rise to power- program to make Rome great again
 Military reform
 Cultural revival
 Codification project
 Institutiones
 Digestae
 Codex
 Novellae