Augustus and Roman Law

Introduction

• Romans are regularly referenced using Latin expressions
• Roman jurists made essential contributions to Roman civilization
• Romans are considered to be the inventors of the science of law.
• The historical context surrounding this invention must be the primary focus

History of Roman law

• Divided into five traditional periods:
  • Ancient Law (753-280 BCE)
  • Pre-classical Law (280-27 BCE)
  • Classical Law (27 BCE-284 AD)
  • Post-classical Law (284-527 AD)
  • Justinian Law (527-565 AD)
• The initial three chapters of the syllabus are dedicated to a description of these periods, including the legal changes

Ancient Law (753-280 BCE)

Historical and Political Contexts

• The period is at of the beginnings of Rome
• Romulus founded the city in 753 BCE.
• Archaeological research shows the Palatine was already inhabited in the 8th century BCE.
• Rome was just a small agricultural village
• Being a landowner mainly meant owning fields and animals at the outset of Rome
• Romans did not distinguish themselves from other peoples of Antiquity in terms of law in early times
• For neighbourhood disputes or inheritance issues, the pontiff, a single magistrate, sufficed
• Early Rome was a Monarchy
• According to tradition, seven kings ruled the monarch

Seven Kings of Rome

• Romulus (753-716 BCE)
• Numa Pompilius (715-673 BCE)
• Tullius Hostilius (671-640 BCE)
• Ancus Martius (640-616 BCE)
• Tarquin the Elder (616-578 BCE)
• Servius Tullius (575-535 BCE)
• Tarquin the Proud (534-509 BCE)
• The monarchy transitioned into a Republic because the kings became dictators
• Taking oneself as the king of Rome was considered the worst political crime
• The Republic was ruled by two consuls elected for one-year non-renewable terms to avoid tyranny
• Rome was a class society of Patricians (nobility) and Plebeians ('ordinary' people) with revolts due to the imbalance of rights

Legal Changes

• Plebeians revolted due to Roman laws were not public
• The Plebeians were judged under rules of law which were unknown to them
• Rome commissioned ten magistrates between 451 and 449 BCE to draft the 'Law of the XII Tables'
• Decemviri enacted the Law of the XII Tables
• The law no longer belonged to a limited caste of pontiffs but was accessible to the whole people
• This marked the start of the obligation to publish laws
• The Law of the XII Tables was published in the form of twelve tables at the Roman forum
• The Decemvirs' choices still govern legal life today
• The way to evidence ownership is an example
• Evidencing ownership requires proof that the original owner was the true owner
• The Law of the XII Tables states that ownership is proven by possession

Subsequent Steps

Important steps after the Law of XII Tables:

• The urban praetor creation in 367 BCE:
  • This official was in charge of addressing Roman citizen disputes
  • Pontiff relieved of religious matters
• The magistracies of censor and curule aediles were probably created at the same time:
  • The censors were in charge of the census and censorship contrary to morality
  • Curule aediles intervened in the organization of games and regulation of public markets
• Important step was taken in terms of procedure:
  • Rights could asserted in court
  • Gnaeus Flavius lies behind the publication of the rules of procedure
  • Procedural rules were in the form of stereotyped formulas
  • These rules of procedure passed to posterity under the name of ius Flavianum
• Ancient Roman law was marked by the adoption of the Lex Aquilia Adoption dated from 286 BCE
• The name of the law comes from the tribune of the plebs Aquilius who submitted the law
• The Lex Aquilia established the principle of tort liability and first associated elements:
  • the fault
  • the damage
  • the causal link between this fault and this damage
• Roman law distinguished itself from other civilizations of Antiquity early
• Distinction between law and religion made Roman law innovative
• Secularisation of the law was essential, the rules could be criticized, which was not thinkable it they were attributed to a deity

Pre-classical Law (280-27 BCE)

Historical and Political Contexts

• The period of Pre-Classical Law corresponds to the end of the republican period of Rome
• Mark by the wars between Rome and Carthage over the supremacy of the Mediterranean
• The Punic Wars were against the Carthaginians of Phoenician origin

Punic Wars:

• The first Punic War:
  • Lasted from 264 to 241 BCE
  • Maritime
• The second Punic War:
  • Lasted from 212 to 202 BCE
  • Saw Hannibal lead the Carthaginian army on an elephant back through the Alps
• The third Punic war:
  • Lasted from 149 to 146 BCE
  • Ended with the destruction of Carthage led by Scipio the Emilian
• Two-headed system of the consulate showed its limits
• Crassus, Pompey, and especially Julius Caesar aspired to longer reigns
• They agreed to divide power between themselves
• This was the first Triumvirate
• Political collaboration between Crassus, Pompey and Julius Caesar was however proving difficult
• Octavian became the firm Roman Emperor under the name of Augustus
• Augustus' accession marked a change in the political organization of Rome
• The end of the Republic traditionally marks also the end of the pre-classical era of Roman law

Legal Changes

• A new institution, the peregrine praetor, was created besides the urban praetor at time of First Punic War
• “Peregrine” means “foreigner living on the Roman soil”
• Rome became surrounded by numerous peregrines
• Commercial contracts between these peregrines and Romans were more frequent
• New legal questions arose
• A new magistracy was needed
• Second Punic War consequences:
  • The Roman victory led to the bringing of Spain, which was previously Punic, under Roman domination
  • The victory cost many lives of soldiers which led to left many orphans
• Under the age of fourteen, these orphans were assigned guardians (tutors), who were in charge of settling most of the difficulties up to that age.
• Over fourteen, the orphans were left to their own devices to manage their assets and their legal life
• Romans passed the lex Laetoria:
  • Aimed at helping minors under twenty-five who would be victims of abuses from other unscrupulous Roman citizens
  • The principles of protection have remained the same as to the ones applicable under the lex Laetoria
• Romans adopted the lex Aebutia:
  • Introduced the formular procedure
  • This was more modern and more flexible
  • Also gave another role to praetors who were from thereon able to influence the development of law
• Praetors created a new body of legal rules called “honorary law” (or ius honorarium)
  • Honorary law is opposed to civil law (or ius civile) which corresponds to the laws promulgated by the public authority
• About the 2nd century BCE, legal science really took off with the veteres - the old men who are the first real jurists
• The first of these veteres is Publius Mucius Scaevola who is deemed to be one of the founders of civil law
• Besides, he exercised political functions as consul, highest magistracy of the Roman Republic
• His son, Quintus Mucius Scaevola, was also a jurisconsult
• A jurisconsult was a private individual who studied law for pleasure-
• This feature was specific to the rules before studied by professionals
• These jurisconsults used their experience and knowledge to render gratuitous consultations
• Jurisconsults were also the creators of new legal solutions
• For instance, Quintus Mucius Scaevola created good faith (bona fides)
• This concept remains an essential legal institution nowadays
• Quintus Mucius Scaevola was also the law professor of Cicero who became lawyer
• His other notable student Aquilius Gallus later become an important jurisconsult
• Laws Iulia and Plautia Papiria granted Roman citizenship to the free inhabitants of the Italic peninsula
• Romans adopted important law in 67 BCE called the lex Cornelia de iurisdictione
• Formulas were central to judicial administration/formulary procedure
• A formula was a text written by the praetor on a wax tablet, whose content depended on the request submitted
• The formula was given to the judge, who was a mere private individual
• The formula had to contain an injunction to judge as well as an indication of the elements needed
• Through his edict the praetor announced which formulas he would grant during the year
• Praetor, in his edict, bound to comply with its content
• Law brough more stability to the administration of justice Servius Sulpicius Rufus was Praetor in 65 and consul in 51 BCE He was first a pupil of Aquilius Gallus and then had ten pupils himself.
• They were referred as the Servian school
• Servius was prolific with 140 books' worth of writings
• Romans called liber (or book) was in the form of a roll
• A bound book was called a codex
• It lasted much longer than a liber

Classical Law (27VCE – 284 AD)

Historical and Political Contexts

• The period of Classical Law starts at the time Republic became an Empire
• assassination of Julius Caesar accession by Augustus to the reign
• Political rupture not be overestimated
• Modern terminology does not correspond to the one used by the Romans
• Conscious of the critics raised against Julius Caesar
• Augustus was cautious and refrained from upsetting the rules of Rep
• He decided to maintain two consuls, censors, praetors, pontiffs and the Senate
• Augustus had become all- powerful and exercised power alone by centralizing three magistracies:
  • He was consul perpetually re-elected with a well-chosen colleague
  • He was censor controlled composition of the Senate and
  • He was tribune of the Plebs benefited from personal immunity
  • He became Grand Pontiff after the death of Lepidus Such concentration of powers totalitarian,
• Roman Republic not a democracy Dynasty of the Severi ended with the assassination of Severus Alexander in 235 AD
• This assassination marked the beginning of a long period of anarchy within Rome,
• Lasted until Diocletian's accession, fifty years later

Legal Changes

• Teaching of law is of increasing interest to aspiring jurisconsults
• The Servian school was succeeded by two new competing and antagonistic schools of law:
  • that of the Sabinians
  • that of the Proculians
• Founded by Labeo the Proculian school His political career successful
• Opposed power of Augustus
• Augustus gave consolidate to Labeo However, he rejected the honour Instead, he decided to devote to legal science Spending six months a year teaching Spending six months in the countryside to write legal works
• During his career, Labeo wrote four hundred books Capito founded Sabinian school He close to the Emperor
• He more conservative than Labeo in law
• He less famous to future generations
• The next leaders were Proculus and Sabinus
• Despite prestige Proculus
• Very little is known.
• Devoting to task of jurist Did not undertake any political career Sabinus better known due to his masterpiece: the libri tres iuris civilis,
• Are three books dedicated to civil law.
• Are of significance for future jurist
• At the beginning of the, names Celsus, Gains, Julian, African, Pomponius
• Greatest professor of Roman law in all history gains

Gaius

• No data except his first name Extraordinary was managed to cross through generatioms Course is called “Institutes” Revolutionary by three-parts
• structure transplanted to the Napoleon Code seventeen centuries later Julian assumed important functions Hadrian, Antonius, and Marcus For instance, Hadrian requested the codifyed praetor's edict until the level was set However, Emperors sought to control each levek
• They sought to control praetor's power

Julian Edict

• Julian gave the final form which was modified by emperor. Received double salary showed Gratuitous services is with veteres but, activities.
• Some just consult high Officials end classical included texts centuries of Roman law legacy from classical discussed in school

The constitutio antoniniana

• Constitution. Adopted AD under the Severn and regime Caracalla Imperial granted nearly inhabitants of the Massive operation the Julia period pursues philanthropic political for The dynasty decline notes.
• Pupis under was decline classical era

Post-classical Law (284 – 527 AD)

• Emperor Diocletian managed to a long anarchy Illyria Salon, Italy center linguistically Historical level Diocletian reorganized divided Empire. Linguistic reality
• The East level to severe economic crisis, Adopted to and price services the house of the house Legislative the type imperial the compiled and constitution the names is from compilation the Digest Justinian
• Persecuted Manichaean the forbuilt in the split
• The that mention any imperial bodies responsibiity of the

Diocletian

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Justinian Law (527– 565 AD)

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Sources of Roman Law

• Sources include Gaius' structure in his Institutes
• The laws, the plebiscites, the senatus-consultum, imperial constitutions, magistrate edicts jurist responsa

The Law

• Similarly to the plebiscites and the senatus-consultuma, the law emanates from assesion Gaius' view
• The People must establish prescribe from
• Formalism magistrate Roman consult Important People comitia bill reject amended Oldet assembly
• The Curate these Plebian Patrician According Primitive

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The Assembly to Comitia:

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Power of the comitia

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THE PLEBISCITE:

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THE LAW:

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The Edicts of the Magistrates

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Explore Augustus's reign, his consolidation of power in Rome, and the evolution of Roman law. Discuss the contributions of Labeo and Capito, the Bartolists, and significance of the saying "Nemo iurista, nisi Bartolista!".