Roman Law Evolution: From Republic to Empire

Posted on May 24, 2025 in Law & Jurisprudence

Foundations of Roman Law

Many principles, such as “dura lex, sed lex” (the law is harsh, but it is the law), were not clearly defined for security, even in equity, leading to limitations.
Where an archaic national right was needed abroad, the paterfamilias played a crucial role.
Legal acts were presented openly, modern in their approach, with no secrets.

The Principate began with Octavian, later named Augustus.
Augustus had been preferred by Julius Caesar.
He held multiple titles: Tribune (with sacrosanctitas and the right of veto), Consul, Proconsul, Pontifex Maximus, Censor, Chairman of the Senate, Chief of the Sui Iuris (or similar legal authority), and Director of Currency.
He always wore a breastplate under his robe in the Senate.

The Principate emphasized intellectual refinement and juridical security, contrasting with the Republic’s more decentralized approach and focus on equity.

Characterized by Autocracy.
Diocletian in the third century converted the army back into an instrument subordinate to national policy, abandoning its character as a supreme power.
The Emperor became the sole important organ of the State; the Senate, consuls, and senators had no influence and were merely servants of the Emperor, holding honorary degrees.
The Emperor no longer resided in Rome, Italy.
East and West were administratively separated, and their emperors were assisted by vice-emperors/successors.
This period was marked by a lack of freedom, abuse, insecure roads, poor education, infertility, and Persian/Germanic invasions.
In the Mediterranean, the Byzantine Empire arose, surviving until its fall to the Turks in 1453. Justinian I maintained Latin as an official language, to which we owe much of our legal heritage.

Categories in which law manifests itself, such as statutes, jurisprudence, and custom.

Actual events that give rise to legal action, for example, the disappearance of the rural middle class and the growth of the proletariat, which were real sources of agricultural legislation (e.g., the Gracchan reforms).

Documents through which we know the law, such as Gaius’ Institutes manuscript and the Florentine Digest.
External historical sources of private law include formal sources like custom, leges regiae (royal laws), plebiscites, senatus consulta, iurisprudentia, edicts of magistrates, and imperial constitutiones.

Ius Obiectivum (Objective Law): A set of rules governing with a compulsory character.
Ius Subiectivum (Subjective Law): A power derived from the legal standard.
In English, these concepts are often distinguished as ‘Law’ (objective) and ‘Right’ (subjective).
Celsus defines law as “Ars boni et aequi” (the art of the good and the fair).

a) The science of law in general.
b) An important initial thesis, a set of opinions by famous jurists (Roman legal terminology), and doctrine (introduction to law).
Early jurisconsults were priests, indicating a magical connection between religion and law initially, which later evolved.
Public consultations were juridical.
Gnaeus Flavius publicly revealed the entire collection of legal forms previously held by priests, known as “Ius Flavianum“.
Sextus Aelius Paetus Catus, 100 years later, published the “Tripertita“.

Sabinus commented on the Edict, focusing on responsibility and legal issues.
Concept of Classical Schools: The Augustan Classical Period was a time of cultural evolution, where representatives expressed a spirit of unity and cultural simplicity.
Labeo, founder of the Proculeyan school, was a brilliant lawyer who taught from childhood and wrote 400 books.
Capito, founder of the Sabinian school, was Labeo’s rival and supporter of Augustus.
Proculus was a student of Labeo, and Sabinus was a student of Capito.
Proculus defined law as “Ars boni et aequi“.
Proculus’ famous phrase: “Impossibilium nulla obligatio est” (There is no obligation for impossible things).
Gaius was a teacher in the eastern part of the Empire.
He illustrated and explained with clear examples.
Theodosius invited him to sit on the “jury of the dead” (a metaphorical recognition of his authority).
He was considered a mediocre jurist of the vulgar classical phase.
No nigri (errors/interpolations) were found in Gaius’ Institutes.
He was a popularizer, achieving the highest scientific level of his time.
He wrote the Enchiridion (a text for students).
Papinian was considered the “prince of jurists”.
Jurisprudence flourished during periods of peace and order but then entered a period of decline for two centuries.