Pre-Classical Law: Roman Republic Era

• Pre-Classical Law spanned from 280-27 BCE, aligning with the end of the Roman Republic.

Historical and Political Contexts

• The period involved Rome's expansion beyond Italy, fueled by its transformation into a nation of soldiers.
• The Punic Wars against Carthage dominated this era, marked by conflicts over Mediterranean supremacy.
• The First Punic War (264-241 BCE) was a maritime conflict.
• The Second Punic War (212-202 BCE) involved Hannibal's crossing of the Alps with elephants to attack Rome from the north.
• Despite Carthaginian victories, Rome ultimately won the Second Punic War.
• The Third Punic War (149-146 BCE) concluded with the Roman army, led by Scipio Aemilianus, destroying Carthage.
• The two-headed consulate system showed its limits, with figures like Crassus, Pompey, and Julius Caesar seeking longer reigns, leading to the First Triumvirate.
• Political collaboration between Crassus, Pompey, and Julius Caesar proved difficult and ended in bloodshed.
• Octavian rose to become the Roman Emperor Augustus, signifying a major shift in Rome's political structure. The end of the Republic marks the end of the pre-classical era of Roman law.

Legal Changes

• The office of the peregrine praetor was created during the First Punic War to address legal issues involving foreigners in Rome, due to Rome's expansion and increased commercial activity with non-citizens .
• The Roman victory in the Second Punic War led to the annexation of Punic Spain, and created many orphans of soldiers.
• Guardians were assigned to orphans under fourteen years old to manage their affairs.
• Orphans aged fourteen and older were left to manage their own affairs, risking abuse.
• The lex Laetoria was enacted to protect minors under twenty-five from exploitation by Roman citizens.
• The Romans adopted the lex Aebutia, introducing the formular procedure.
• The formular procedure was more modern and flexible. It enabled praetors to develop "honorary law" (ius honorarium), which complemented civil law (ius civile).
• In the 2nd century BCE, legal science emerged with the veteres (old men), the first true jurists.
• Publius Mucius Scaevola, a consul, is considered a founder of civil law.
• Jurisconsults were private individuals who studied law for personal enrichment, providing free legal advice.
• Quintus Mucius Scaevola created the concept of good faith (bona fides). He was also a law professor of Cicero and Aquilius Gallus
• The laws Iulia and Plautia Papiria, passed at the start of the 1st century BCE, awarded Roman citizenship to free people in the Italic peninsula.
• The lex Cornelia de iurisdictione was adopted in 67 BCE. It mandated that praetors adhere to the edicts they announced at the start of their term which brought more stability to the administration of justice in Rome.
• There was a rapid increase in the number of jurisconsults during this period.
• Servius Sulpicius Rufus, a praetor and consul was a pupil of Aquilius Gallus, and then he had about ten pupils himself. They were referred as the Servian school. He authored 140 books.
• Romans books (liber) were published in rolls, while bound books were called codex.

Explore Pre-Classical Law during the Roman Republic era from 280-27 BCE. This period saw Rome's expansion and the Punic Wars against Carthage. The rise of figures like Crassus, Pompey, and Caesar challenged the consulate system.