The Five Historical Periods of Roman Law Evolution
Approach to the Study of Roman Law History
The political conception prevailing in each historical period conditions the system of sources of law. Using a legal perspective, rather than a purely historical one, we can distinguish five main stages:
1. Archaic Period (7th Century BC – 450 BC)
This period begins with the founding of Rome in the 7th century BC by Romulus, its first king. The monarchy, or regnum, was the prevailing political form for two and a half centuries. This early stage is considered terminated with the publication of the legal standards then in force in 451–450 BC, contained in the Code of the Twelve Tables.
During this time, Rome was governed largely by religious imperatives. The priestly caste, residing in the Capitoline temple, created, interpreted, and applied the law. Thus, law, religion, and morality were intertwined, with the separation between them only progressively occurring over time.
2. Pre-classic or Republican Period (450 BC – 27 BC)
Named for the Republic being the dominant political form, this period ranges from the publication of the Twelve Tables until 27 BC, when exceptional powers were granted to Augustus, contrary to the republican model.
Significance of the Twelve Tables:
- Cicero noted that four centuries after its publication, children knew the precepts by heart at school.
- Livy considered it the source of all Public and Private Roman Law.
Key Legal Developments:
The key developments stemming from the Twelve Tables include:
- Publicity: A great guarantee for citizens and enhanced legal certainty.
- Isonomy: Equality before the law for patricians and plebeians.
The precepts of the XII Tables required interpretation by judges (magistrates) and lawyers, who increasingly became lay practitioners. The law began to secularize, dissociating itself from religious connotations. This era also saw the development of fundamental concepts of private law that persist today, such as dominium (domain), ususfructus (enjoyment), and inheritance.
3. Classical Age or Principate (27 BC – Mid-3rd Century AD)
This period ranges from the granting of exceptional powers to Augustus in 27 BC until the mid-3rd century AD, when the Principate’s authoritarian political formula evolved into the absolute totalitarian empire.
This time is considered classical for the law, meaning it serves as a model, exemplary, and worthy of imitation. It is characterized by:
- The consideration of equity.
- The attempt to reconcile public interest and private interest as guiding principles.
The works of the jurists of this period, compiled in part by Justinian in the Digest, are considered the most valuable legacy of Roman Law transmitted to posterity.
4. Postclassic Period or Empire (265 AD – 476 AD)
This period extends from 265 AD until the invasion of Rome by Germanic peoples in 476 AD.
Legal Characteristics:
From a legal perspective, there is a vulgarization of the law. Creative jurists disappear, becoming bureaucrats in the service of the Emperor, who holds absolute and divine power. Legislation begins to accept provincial legal institutions and shows the positive influence of Christian philosophy.
At the end of the 4th century AD, the Roman Empire was divided into two parts: West and East.
- The West fell in 476 AD.
- The East (Byzantine Empire) continued until the 15th century, when Constantinople (formerly Byzantium, now Istanbul) was invaded by the Turks.
5. Justinian and Byzantine Period (6th Century AD)
This period includes the reign of Emperor Justinian in the 6th century AD until his death in 565 AD. Justinian ordered the compilation of earlier Roman law, known as the Corpus Iuris Civilis (Body of Civil Law).
This compilation covers all branches of law and is divided into four sections:
- Institutions
- Digest
- Code
- New Constitutions (Novellae)
The Corpus Iuris Civilis is considered the most important and influential legal work of all time.