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Roman Law
9/24/2007
Outline
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II. PERIODIZATION AND KEY DATES OF THE DOMINATE
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III. POST-CLASSICAL ADMINISTRATION OF LAW
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IV. POST-CLASSICAL SOURCES OF LAW AND EARLY
CODIFICATIONS
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SOURCES OF LAW; THE
DOMINATE
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1.
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Cicero
on Sources of Law (Topica 5.28):
“... the civil law is that which is made up of statutes, decrees of the
Senate, judicial decisions, opinions of those learned in the law, edicts of
magistrates, custom, and equity.”
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2.
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Gaius on Sources of Law (G.I. 2-8: Materials,
p. 132): The Laws of the Roman people consist of leges (comitial enactments), plebiscites, senatusconsults,
imperial constitutions, edicts of those possessing the right to issue them,
and answers of the learned (responsa
prudentium)
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3.
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Sources of Law in the Republic: Statutes (XII Tables); senatusconsulta; ius honorarium; interpretatio
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4.
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Sources of law in the Principate: legislation; Senate (oratio principis; ius novum; AD 130 SC (i.e. senatusconsultum). Tertullianum); ius honorarium (135 perpetual edict)
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5.
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Constitutions of the emperors as a source of law
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a.
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Edicta. Hadrian issued some.
The Constitutio Antoniniana is
one.
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b.
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Decreta — a judicial decision
of the emperor either at first instance or on appeal.
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c.
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Mandata — instructions from
the emperor on imperial administrative matters
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d.
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Epistulae — a letter to a
magistrate, sometimes to a private citizen; if it answered a question it
was called a rescriptum
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e.
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Subscriptiones — written under
a letter coming from a private citizen or on a libellus — remained in the imperial archives but the author
received a copy
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1.
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284–305 Diocletian-dominus-succession
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2.
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306–337 Constantine—313
toleration
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3.
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337–361 sons of Constantine
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4.
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378 battle of Adrianople
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5.
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379–395 Theodosius the Great—permanent div of Empire
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6.
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408–450 Theodosius II—425–55 Valentinian III (Galla Placidia);
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7.
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410 Sack of Rome
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8.
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438 promulgation of the Theodosian Code
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9.
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476 Romulus
Augustulus
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10.
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527–565 Justinian
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(prefects, vicarius,
provincial governors, city prefect, Roman ministers, epsicopalis audientia)
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1.
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Collatio legum Mosaicarum et Romanarum; Vatican Fragments
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2.
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426: Law of Citations
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3.
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Codex Hermogenianus and Codex Gregorianus—end of 3d century
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4.
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Codex Theodosianus—promulgated
1 January 439
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