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Article

Tony Honoré

Iulius Paulus, a celebrated Roman lawyer whose origin is unknown. Taught by *Cervidius Scaevola, he was active in Rome as advocate, teacher, and writer. Under *Septimius Severus he was assessor to *Aemilius Papinianus as praetorian prefect and became a member of the emperor's council (see consilium principis) and perhaps head of the records office (a memoria). He was thus able to publish reports of cases decided by Severus (Imperiales sententiae, Decreta), in which he shows his sturdy independence. Though the matter is disputed, he was possibly made praetorian prefect by *Elegabalus in ce 219, when the emperor married Iulia Cornelia Paula, whose name suggests that she was the lawyer's daughter. The marriage was dissolved in 220. Paulus was banished but was recalled by M. *Aurelius Severus Alexander (222–35), whom he served as counsellor while continuing to write.His output in some five decades came to over 300 books (libri), including 16 on the civil law (Ad Sabinum) and 78 on the praetor's edict (Ad edictum praetoris), besides notes on earlier writers and dozens of monographs on particular topics.

Article

Boris Rankov

Iunius Congus, historian, jurist and antiquarian of the late second/early first century BC, admired by Lucilius (593 Krenkel) and referred to by Cicero as a man of great learning. He has usually been identified with M. Iunius Gracchanus (‘the Gracchan’), who wrote a treatise De Potestatibus and perhaps also some Commentarii.

Article

Barry Nicholas

Iuridicus was the title given to certain officials of praetorian rank (see praetor, Caesar and imperial period) who performed judicial functions in civil cases in Italy (outside Rome and its environs). They were appointed by the emperor and assigned to particular districts. The first known appointment was by Marcus *Aurelius in 163 ce, but *Hadrian had created similar offices of consular rank (abolished by *Antoninus Pius).

Article

Barry Nicholas

This term derives its meaning from its context. By contrast with *ius gentium in the ‘theoretical’ sense it is the law of a particular state and usually, unless otherwise qualified, the law of Rome. By contrast with ius gentium in the ‘practical’ sense it is that part of the law of Rome which is applicable only to Roman citizens. By contrast with the law deriving from the edicts of magistrates (ius honorarium) it is law deriving from statute and from the unwritten ‘common law’ as interpreted by the jurists.

Article

Barry Nicholas

Ius gentium, or law of nations, has three main senses. (1) In a ‘practical’ sense it denotes that part of Roman private law which was open to citizens and non-citizens alike. The institutions of the old *ius civile were accessible only to Romans, but the growth of international trade made it necessary to recognize some institutions which could be applied by Roman courts to relations between foreigners and between foreigners and citizens. The course of the development of this ius gentium is conjectural. No doubt the establishment c.242 bce of the office of praetor peregrinus (see praetor) played a part, but there must have been other factors, since in classical law ius gentium was not regarded as a praetorian creation and it was applicable also to relations purely between citizens. It included even some institutions which were part of the old ius civile (notably *stipulatio, except in the form using ‘spondeo’).

Article

Callie Williamson

Ius honorarium (magistrate law), derived from honos (curule office), was a classification formulated by jurists of the Roman imperial period to distinguish the private law made by juridical magistrates of the Republic from ius civile (civil law) [Dig.1.1.7. (Papinian), Dig.1.1.11 (Paulus)]. The primary juridical magistrates were, in order of creation, the urban praetor (367bce), the curule aediles (367bce), and the peregrine praetor (c. 244bce), and later the provincial governors. None of these offices was created for the express purpose of judicial action, nor was this ever their sole function. As a corollary, they did not constitute a professional judiciary. The praetors’ basis of legal authority was imperium (the supreme power), a subset of which was iurisdictio, the authority to “speak the law,” and ius edicendi, the right to issue edicts.The curule aediles, whose sphere of operation was limited to the marketplace and city administration, had only iurisdictio and ius edicendi.

Article

Barry Nicholas

Ius Italicum was a privilege granted to certain communities in the Roman provinces whereby their land was treated in law as if it were in Italy. It was thus exempted from the rule that land in the provinces belonged to the state and could not be fully owned by private individuals; and the land and its inhabitants were free from taxes (tributum soli and tributum capitis). Under the empire this was the highest privilege obtainable by a provincial municipality (see municipium). *Augustus gave it only to genuine citizen colonies, mostly his eastern foundations. Later it was granted along with colonial rights to Roman municipalities, but, for fiscal reasons, sparingly. *Septimius Severus, however, gave it not only to three municipalities of Africa, his native province, but, after their co-operation in the civil war, to several Greek cities. This development typified the assimilation of east and west, which the constitutio Antoniniana (see constitution, antonine) completed.

Article

Andrew Dominic Edwards Lewis

Ius Latii, the Latin right, refers primarily to the legal status of those Latins (see latini) who after 338 bce shared the right of marriage (conubium) and commerce (*commercium) with Romans. Latins settling in Rome acquired Roman *citizenship and vice versa. Those, whether from Rome or Latium, who settled in Latin colonies acquired coloniary Latin status, which, at least by the empire, differed from the wider Latin right in not permitting intermarriage. An entirely separate status of Junian Latinity (see latini iuniani) was created for certain categories of freed slave by a Junian law under *Augustus. Latin rights were conferred on many communities in Italy, Gaul, Spain, and Africa in the late republican period. It is clear that such communities were known as Latin *municipia (towns) into the imperial period but the practical consequences of Latin status remain obscure. Those who served as magistrates of Latin municipia acquired Roman citizenship from about 150 bce onwards.

Article

Susan M. Treggiari

*Augustus' marriage laws (the Julian law of 18 bce and Papio-Poppaean of 9 ce) rewarded parents. For example, precedence in public office was offered to married men and fathers. Three children (in Rome), four (for freed slaves and residents in Italy), or five (in the provinces) qualified parents for full exemptions, including, for women, exemption from being in *guardianship and, for men, from acting as guardians.

Article

Andrew Dominic Edwards Lewis

Ius primae relationis, the right of prior proposal. When in 23 bce*Augustus ceased to hold the consulship, certain rights and powers were voted him by the senate by way of compensation. Among these was the right of putting a single proposal at any point during senate meetings (Cass. Dio 53. 32. 5). Since Augustus retained, by virtue of the tribunician power (see tribuni plebis), a capacity to introduce business into the senate, this additional right must have in some way privileged his business; the term ius primae relationis is, however, an invention of modern scholarship. The reference in the Law concerning *Vespasian's Authority to putting a proposal (relationem facere) is probably connected with this right. An inscription and less secure references in the SHA (e.g. Alex. Sev.1) indicate that later emperors came to be allowed the privilege for up to five items of business.

Article

Adolf Berger and Andrew Lintott

Iustitium (derived from ius sistere, ‘stopping legal business’), was the temporary suspension of jurisdiction and judicial operations by magistrates and judges in civil and criminal matters. It was proclaimed by a magistrate in an edict, usually on the senate's authority. It was originally used in a military crisis, especially a tumultus, to enable the people to concentrate on raising an army.

Article

Publius Iuventius Celsus Titus Aufidius Hoenius Severianus, of a family with *Umbrian connections, was the son of a lawyer and himself a bold and creative legal writer. He was praetor in 106ce or 107, governor of *Thrace and later Asia (Minor), and a member of *Hadrian's council (*consilium principis). Hadrian accorded him the honour of a second consulship in 129. Both father and son were leaders of the Proculian school (see proculus). Much of his extensive writing was collected in 39 books (libri) of Digesta, from which some 144 excerpts survive in *Justinian's work of the same name, along with many citations of his views, especially by *Ulpian. His Digesta set the pattern that such works should collect the author's writings and arrange them in the order of the praetor's edict as settled by *Iulianus in 131ce, followed by an appendix dealing with special laws.

Article

Lee I. Levine

The Jewish Patriarch (Hebr. Nasi) was the leading Jewish communal official in the late Roman and early Byzantine Empires, in both Palestine and the Diaspora. The Patriarchate, which emerged around the turn of the 3rd century under the leadership of Rabbi Judah I, had the support of the Severan dynasty (193–235 ce). The testimony of Origen (Letter to Africanus 14), who lived in Caesarea c. 230, views the function of the “Jewish ethnarch” (another term for Patriarch) as that of a king, enjoying, inter alia, the power of capital punishment.

Non-Jewish sources from the 4th century attest that the Patriarch enjoyed extensive prestige and recognition. The Theodosian Code is particularly revealing in this regard. One decree, issued by the emperors Arcadius and Honorius in 397, spells out the dominance of the Patriarch in a wide range of synagogue affairs; he stood at the head of a network of officials, including archisynagogues, presbyters, and others—all of whom had privileges on a par with the Christian clergy. Together with other realms of Patriarchal authority noted in earlier rabbinic literature, such as making calendrical decisions, declaring public fast days, and issuing bans, the prominence of this office in Jewish communal and religious life had become quite pronounced at this time.

Article

Tony Honoré

Justinian's codification is a term loosely used to describe the three volumes (Codex, Digesta or Pandectae, Institutiones) in which Justinian (ce 527–65) tried to restate the whole of Roman law in a manageable and consistent form, though this restatement, which runs to over a million words, is too bulky and ill-arranged to count as a codification in the modern sense.Ninety years after the *Theodosian Code of 438 a new *codex was needed to collect the laws enacted in the intervening period. Justinian, with a keen sense of his predecessors' neglect and his own superior dedication, seized the opportunity to carry out part of the programme envisaged by *Theodosius (3) II in 429. This involved including all imperial laws in one volume and ensuring that the laws in it were consistent with one another (C. Haec pref.). Within a few months of becoming emperor in 527, he ordered a commission of ten, mostly present or recent holders of public office, to prepare a comprehensive collection of imperial laws including those in the three existing codices (Gregorianus, Hermogenianus, and Theodosianus), so far as they were still in force, together with more recent laws (novellae).

Article

Barry Nicholas

Latini Iuniani were former slaves (see slavery) who had been manumitted (i.e. freed) without the formalities required by law or in breach of the restrictions imposed by Augustus on the freedom of masters to manumit. Until a lex Iunia (Norbana?) of either *Augustus or *Tiberius such slaves enjoyed only a twilight status under praetorian protection. The lex made them, not Roman citizens, but Latini, a status now without any connection with geographical origin. The chief civil disability of a Latinus Iunianus was that on his death his property reverted to his former master. This would provide a motive for a master to stop short of full manumission, but it is not clear what reasons of policy there were for the establishment of the status in the first place. The master could at any time make the manumission fully effective by repeating it in one of the recognized forms and the Junian Latin could achieve the same end by his own efforts by engaging in various activities in the public interest or by having a 1-year-old legitimate child. *Justinian abolished the status in 531.

Article

D. M. MacDowell

Greeks used the same word (νόμος) for both custom and law, and the beginning of law is hard to define. One reasonable view is that an unwritten rule should be regarded as a law if the community or the ruler approves it and imposes or authorizes punishment for infringement of it. In this sense laws forbidding some offences (e.g. murder, theft, bigamy) must have existed since primitive times. An alternative view is that only rules stated in writing are really laws. The transition from oral to written law began in the 7th cent. bce, but was not completed until the end of the 5th cent. in Athens (and later in other cities). See literacy; orality.The first written laws in any Greek city are said to have been drawn up by *Zaleucus for the city of *Locri Epizephyrii in south Italy. The first written laws in Athens are attributed to *Draco in the year when Aristaechmus was archon (probably 621/0).

Article

Tony Honoré, Ernest Metzger, Adolf Berger, Barry Nicholas, and Andrew Lintott

The subject is here dealt with in three sections: civil law; civil procedure; and criminal law and procedure.Civil law (*ius civile) in its broadest sense was the law of the city of Rome as opposed to that of some other city. In a narrower sense it refers to the secular law of Rome, private and public, to the exclusion of sacred law (ius sacrum). This section deals, so far as the sources of law are concerned, with civil law in the first sense, but as regards substantive law is confined to the second.From the standpoint of sources the beginning and end of Roman civil law are conveniently marked by the *Twelve Tables and Justinian's codification (see justinian's codification). Dating from about 450 bce the law of the Twelve Tables was treated by the Romans as the starting-point of their legal history. Though much of it became obsolete it was never technically superseded until Justinian's legislation of .

Article

Barry Nicholas

Law of nature embodies the belief that there are certain principles or institutions which are so rooted in ‘nature’ that they are of universal validity. *Aristotle divided law into that which was natural and that which was man-made, the former being the same everywhere and equally valid everywhere. This idea became a commonplace, especially among the Stoics (see stoicism), and is frequently echoed by *Cicero. For him, as for Aristotle, the fact that a principle is found everywhere is a proof of its naturalness and therefore of its validity. This leads to the identification, both by Cicero and by *Gaius (2), of natural law with *ius gentium. But from the Stoic point of view, which identified nature with reason, men are born free and equal and institutions such as *slavery are contrary to nature. *Ulpian seems to have adopted this point of view and to hold that even animals can act contrary to their nature. His cosmopolitan point of view, prominent in *Justinian's Codification, gave it great influence in later thought.

Article

Jakob Fortunat Stagl

The institutional scheme of Roman law was developed primarily by Gaius on the basis of a preceding tradition of law manuals. The scheme consists of dividing the law into a General Part, Family Law, Property Law, Law of Succession, Law of Obligations, and Civil Procedure. This scheme is apparent not only in Gaius’s Institutes but also in the whole of his didactic scheme, which can be discerned from descriptions of the curriculum in his time. Gaius’s larger didactic scheme is indebted to contemporary philosophical, rhetorical, and didactic currents, which made it possible for him to organise the law of Rome in such a solid and plausible way that the emperor Justinian adopted this scheme for his compilation, comprising the Institutes, the Digest, and the Codex.

Article

Bruce W. Frier

During the later republic and early empire, the Roman jurists developed law, particularly private law, on the basis of what they called the ‘art’ (ars) of law-finding: they subjected existing legal rules and institutions to intense and sustained intellectual scrutiny, with the aim of isolating the basic principles that controlled the rules, and then applying these principles in the creation of new law. The activity of the Roman jurists opens a new chapter in the history of law. From a sociological standpoint, the central task is to evaluate how this new form of thinking contributed to Rome's broader social development.The jurists' legal authority rested primarily not on their official position, but on their accumulated knowledge of law and experience in manipulating it. In Max Weber's terminology, they were honoratiores: independent legal experts who monopolize the study of law, but are available for consultation by litigants and lay judges in particular. However, during the empire the small corps of jurists (probably never more than ten to twenty at any time) was gradually transformed into a legal élite presiding over a much larger legal profession. See lawyers, roman .