Ancient Rome Foundations and Political Evolution

• Rome was supposedly founded in 753 B.C.
• Its formation resulted from human settlements, influenced by Latin, Etruscan, Umbrian, and Yapig peoples, leading to the Civitas Quiritaria's creation
• The social structure was initially organized into families under the paterfamilias, grouping people into "gens" united under the Pater gentilis

Development Over Time

• Civitas, integrated by various gens, lost relevance, as the family became the basis of law
• In the 4th century B.C., plebeian gens gained political importance in the civitas
• Primitive political institutions were centered on figures like the rex, who acted as king, priest, and army chief

Republican Political Institutions

• The political power was reorganized after the Revolution in 510 B.C., establishing military service-responsible classes and centurias
• The king-priest was eventually replaced by the Ponifex maximus in the 4th century B.C.
• Privileged classes maintained political control, leading plebeians to seek better representations
• The Tribunado de la Plebe was created in 494 B.C. to protect the plebeians' interests and their right to intercede against magistrate decisions
• Also established in 494 B.C. to safeguard plebeian interests, allowing intercessio to block magistrate decisions
• Over time, plebeians fought for political participation, resulting in a plebeian consul in 449 B.C. and accessing the senate through the lex Ovinia in 312 B.C.

Legal Developments

• The juridical process led to a common code through the Twelve Tables (451-450 B.C.), allowing plebeians access to the priesthood
• The magistracy was practically exercised, with imperium as the maximum governmental authority involving state direction, military leadership, ordering rights, and justice administration
• Magistrates were temporary, accountable to the plebs, unpaid, and served one-year mandates
• Principal magistrates included consuls with supreme authority, censors in charge of census-taking, aediles with police functions, and dictators in emergencies
• Popular assemblies, such as the comitia, lost importance, although the comitia centuriata remained key in designating magistrates and legislative votations

The Senate

• Initially exclusive to patricians, later including plebeians (after 312 B.C.)
• Military affairs, international relations, and governor elections were directed by the senate solidifying its power as the central political body in republican Rome.
• Consuls could receive supreme power to suspend constitutional guarantees through a senatus consultus when facing grave danger
• Deliberations in comitia were conducted by the senate, which dissolved between the legislative and electoral deliberations (299 and 290)
• Senators participated in voting, dividing into groups for and against, determining the final resolution called senatus consultum.

Economic and Territorial Changes

• Rome underwent economic, social, and political crises, but achieved foreign policy successes
• Its army was reorganized and faced the Samnites and Carthage in the Punic Wars, later invading Greece, establishing the Hispania citerior and ulterior provinces, and reaching Britain

The Principate and New Nobility

• During the 2nd and 1st centuries B.C., Rome experienced constant unrest, significantly impacting city and surroundings
• A "new nobility" emerged, comprised of new economic and social forces sharing common political interests
• The conflict between Pompey, Crassus, and Julius Caesar culminated in Caesar's victory, gaining prestige and wealth
• Octavian, Caesar's nephew, seized power after his assassination, becoming known as "Augustus"

Rule of Augustus

• The princeps civitatis, who was responsible for restoring moral, political, religious, and social values
• Augustus began the principate in 27 B.C. reducing the authority of magistratures and the senate, appointing senators himself.

The Dominate (Later Empire)

• An acute crisis occurred after Alexander Severus' death in 235 A.D., lasting about 50 years until Diocletian came to power in 284 A.D.
• The empire was divided and later reunified under Constantine who converted Rome to Christianity and the emperor acquired divine status, known as dominus et deus
• The western empire fell in 476 A.D.; the eastern Roman Empire survived though territories in Asia Minor fell under Islamic rule

Roman Emperor Dynasties

• Julia-Claudia Dynasty
  • Included Augustus, Tiberius, Caligula, Claudius, and Nero
• Flavian Dynasty
  • Included Vespasian, Titus, and Domitian
• Spanish Emperors
  • Included Nerva, Trajan, and Hadrian
• Antonine Dynasty
  • Included Antoninus Pius, Lucius Verus, Marcus Aurelius, and Commodus

Academic Renaissance & Impact on Law

• The academic renaissance caused a significant intellectual shift in tribunals with scholastic methods were overused through divisions, subdivisions, distinctions, classifications, and sub-classifications
• Jurists Cino De Pistoia (1270-1335), Bartolo de Sassoferrato (1313-1357), and Baldo De Ubaldi (1327-1400) were key in creating the "School of Commentators, Conciliators, or Post-glossators," considered the founder of modern juridical science

Reception of Roman Law

• The "reception of Roman law" began in various countries, each adapting it to local needs
• Germanic law applied in northern France ("Pays de coutumes“), while England developed Common Law

Modern Law Schools

• New schools began studying Roman law during the Modern Age
• The humanistic school of the 15th and 16th centuries, with Mos Gallicus, was especially prominent.
• Roman law became an object of scientific curiosity

Natural and Historical Law Schools

• From the 17th and 18th centuries, a movement sought to rethink natural law
• The "school of natural law" or "iusnaturalist" promoted studying historical rights without abstractions

Movement of Code Compilation

• These modern schools drove a codifying movement, leading to the French Civil Code of 1804 (Napoleonic Code)
• Art. 7 of the French civil code marked a milestone in legal history.

Eras in Roman Law

• Roman rights developed through three crucial periods: ius civile, ius gentium, and Byzantine or Romano-Greek law

Ius Civile (753 B.C. - 201 B.C.)

• The first stage of Roman rights, starting with Rome's founding, was mainly customary

Ius Gentium (201 B.C. - 235 A.D.)

• The ius gentium emerged after the Second Punic War
• Applied not only to Roman citizens but also to foreigners, introducing changes which made rights more adaptable and less formalistic

Byzantine Rights (235 A.D. - 6th Century A.D.)

• The last phase of Roman rights, marked by crisis and barbarian invasions, culminated in Justinian's reforms in the 6th century A.D.

Main Sources of Roman Law

• Roman rights originated and developed from Rome's founding to Justinian
• The edict of the Praetor, jurisprudence, or law as a source of rights
• Surviving remnants of previous eras were codified by Justinian

Fundamental Sources of Roman Rights

• Custom
• Law
• Plebiscite
• Senate Consultation
• Imperial Constitutions
• Edicts
• Jurisprudence

Imperial Constitutions

• From the second century AD, the legislative movement of the prince was achieved through imperial constitutions (constitutio príncipis), which became the only and exclusive source of law after the state took on characteristics of absolute monarchy.

Types of Imperial Constitutions

• Edicta: Orders of general character issued by the emperor for the exercise of the ius edicendi, applicable throughout the territory.
• Decreta: Judicial sentences of the prince or of the tribunal that resolved civil or criminal matters.
• Rescripta or Rescriptos: Emperor's responses to consultations from public officials or individuals about controversial issues.
• Mandata or Mandados: Administrative instructions directed to provincial officials or governments.

Impact and Codification

• Imperial constitutions, also known as laws during the Empire, originated a new right. As more matters were covered, they needed to be systematized in organized legal bodies, which led to important codifications such as the Gregorian, Hermogenian, and Theodosian codes.

Jurisprudence in Ancient Rome

• Jurisprudence, understood as the science of law, was an office performed by the prudens, who interpreted the ius and advised on the celebration of deals and the resolution of consultations
• The principles of law were dialectical, changing, and adaptable to each era

Evolution of Jurisprudence

• Preclassic or Republican Jurisprudence (6th to 1st century BC)
  • Jurisprudence Pontifical; pontiffs interpreted the law
• Pontifico-Laical Jurisprudence (3rd century BC)
  • Activity became more free
• Laic Jurisprudence (2nd century BC)
  • Influenced by Greek dialectic; its height from Augustus to Severus

Expression of Classical Jurisprudence

• Responsa: Answers to questions developed by individuals or judges
• Quaestiones y Disputationes: Concepts about fictitious cases for pedagogical purposes
• Digesta: Collections of responsa and quaestiones complemented with laws
• Institutiones: Manuals made for law teaching
• Regulae: Basic legal principles on criminal law, fiscal, etc

Classifications of Roman Rights

Prejustinianeas

• Known as law of citations that mainly served a teaching purpose; not Justinian
• Justinian Enactments
• Carried out from 528-533 AD including institutions, digest, code and novelizations Mixed Collection
• Compilations are held like the fragments of the Vatican that have been preserved since 1821

Procedure of Roman Right

• Roman Rights were carried out by the action of lawsuits; they lacked right within action

Systems of Roman Procedure

• System of legal actions: Used during the archaic epoch under the law of plates/tables with extreme formula of formal and sacramental terms
• Formular procedure- predominates during the classic epoch
• Extrordinary Proceeding -developed during posclassics

Régimen de las Personas (Legal Status of Individuals)

• In antiquity, the term "persona" designated a character in a drama or a role in society.
• Slaves were not considered legal persons in the juridical sense, lacking civil rights.

Rights of Slaves

• Recognized natural law: The premise that all men are equal, rights were issued once born

Succession Mortis Causa (Inheritance)

• In case of a person's decease, death was assumed with both father and son passing

Tres Estados Fundamentales (Three Fundamental Statuses)

• Estado de Libertad (Status of Liberty): Pertained to being free or a slave.
• Estado de Ciudadanía (Status of Citizenship): Signified belonging to a political community.
• Estado de Familia (Status of Family): Related to the position within the family nucleus.

Categories of Men

• The status of men were broken down into free men and slaves

Causas de la Esclavitud (Causes of Slavery)

• Slavery could arise from birth, captivity, or punishment.

Manumisión (Manumission)

• The juridicial act and process of an owner giving freedom to their salve

Tipos de Manumisión (Types of Marumission)

• Censu: Enrolling the slave in the census
• Vindicta: Freedom given with a legal sentence
• Testamento: Freedom given through words

Sources of Patria Potestad (Parental Authority)

• The patria potestad stemmed largely from a marriage

Marriage in Roman Rights

• Originally took place from both sexes needing permission for a marriage
• Consent of the family head
• Ius Connubii: necessary right to obtain a marriage

Inhibitions for Marriage

• The main factor that inhibit marriage was the degree of parentes

Dowry of Marriage in Roman Rights

• The main factors for obtaining marriage were the iustae nuptiae that provided effects for any children or spouse
• Effect for spouse
• Effect for heirs

Adoption with Authority and Succession

• The roman right could be achieved through the adoption which provided new memebers to a succession and family
• Adoption also provided acceptance for local Romes where requiremns needed to be met for a successful adoption

- Requirements for Adoption

• The party wanting to be the adopting should be the person wanting procreation'
• Should be 18 years for the party being adopted
• Party must fit the condition in order

Types of Adoption

• First. adrogation could be achieved by by commiting of the pontifex maximus which lead to people being prohibited from the commissions

• Second. Data in adoptioerm sefers adoption but contains 2 phase

• Etingush of the father rights

• Etius the acceptance of birth rights

Incapacity of Adoption

Legal protection for people that dont live life civilly

La Tutela (Guardianship)

• A method the allow people to protect against any wrongs

La Curatela (Curaetla)

La curatela is a justice institution