Roman Legal History Overview

Roman Legal History

• Key periods of Roman legal history are marked by key years:
  • 753 BC: Founding of Rome (Ab urbe condita 1)
  • 509 BC: Overthrow of Etruscan kings, beginning of the Republic
  • 27 BC: Beginning of the Principate
  • 284 AD: Diocletian becomes "dominus"
  • 565 AD: Death of Emperor Justinian I
  • 476 AD: Fall of Western Roman Empire
  • 1453 AD: Fall of Eastern Roman Empire

Regal Period

• 21 April 753 BC: Founding of Rome's organized city, a military-agrarian democracy (Roma)
• Population divided into three tribes, each divided into curiae (groups of men) and families

Republican Period

• c. 700 BC: Emergence of Classic Roman Law
• c. 1037 AD: Emergence of Post-Classic Roman Law
• 484 BC: Plebeian secession, leading to concessions like debt relief and representation
• 450 BC: Law of the Twelve Tables
• 445 BC: Camuleia law removes restrictions on marriage between patricians and plebeians
• 287 BC: Lex Hortensia, giving plebiscites (votes by the plebeians) the force of law

Imperial Period

• 445 BC: Law of Camuleia abolishes restrictions on marriage between patricians and plebeians
• 395 AD: The Roman Empire divided into two halves, the Eastern (Byzantine) and Western Empires

Roman Law Sources

• Custom (Consuetudo): Laws developed through common practice and confirmed by the people
• Laws (Leges): Laws passed by assemblies or magistrates
• Edicts (Edicta): Declarations by presiding magistrates (like the pretors) which contained pronouncements or interpretations of the law
• Jurisprudence (Iurisprudentia): Interpretations of the law provided by jurists and legal scholars
• Imperial Constitutions (Constitutiones Imperiales): Laws enacted by emperors

Roman Law Persons

• Three types of legal statuses (status libertatis):
  • Free (Liberi)
  • Restricted/Semifree (Semi-liberi): Groups including clients, foreigners, and various categories of free dependents
  • Enslaved (Servi/sclaves)
• Family groupings (status familiae): Defined by relationships and roles within the household
• Citizenship (status civitatis): Distinct legal rights applicable only to citizens

Roman Law Things (Property)

• Moveable property (res mobiles) vs. Immovable Property (res immobiles)
• Mancipi vs. Nec Mancipi: Classes of property defining transfer methods and legal implications
• Ownership (Dominium): Types of ownership and the acquisition and protection of property rights. Methods of acquiring ownership were codified over time (usucapio, occupatio, accesio, traditio, mancipatio)
• Possessions (Possessio)
• Servitudes (Servitutes): Limited rights over another's property (e.g., right of way)
• Other property concepts

Roman Law Obligations

• Contracts (contracta): Types of agreements, including real, consensual, and informal agreements
• Issues with legal interpretation (viciosity of consent issues like error, dolus, metus)

Explore the key periods and milestones of Roman legal history, from the founding of Rome to the fall of the Eastern Roman Empire. This quiz covers significant legal developments and landmark events during the Regal and Republican periods that shaped Roman law. Test your knowledge on the evolution of justice in ancient Rome.