The Roman Institutional Treatises

Categories

[§ numbers are to G.I., unless otherwise noted]

Introduction

ius– §§1
ius civile	ius gentium

iura populi romani–§2
lex–§3	plebiscitum–§3	SC–§4	constitutio–§5	edictum–§6	responsa prudentium–§7

omne ius–§8
ad personas–bk. 1.9 to 200	ad res–bks. 2 and 3	ad actiones–bk 4

positio studii iuris–J.I. 1.1.4
publicum ius	privatum ius
	praecepta naturalia	p. gentium	p. civilia

Cf. D.1.1.1.1–2:

When a man means to give his attention to law (ius), he ought first to know when the term ius is derived. Now ius is so called from iustitia; in fact according to the nice definition of Celsus, ius is the art of what is good and fair. 1. Of this art we may deservedly be called the priests; we cherish justice and profess the knowledge of what is good and fair; we separate what is fair from what is unfair,; we discriminate between what is allowed and what is forbidden; we desire to make men good, not by putting them in fear of penalties, but also by appealing to them through rewards, proceeding, if I am not mistaken, on a real and not a pretended philosophy. 2. Of this subject there are two departments, public law and private law. Public law is that which regards the constitution of the Roman state, private law looks at the interest of individuals; as a matter of fact, some things are beneficial from the point of view of the state, and some with reference to private persons. Public law is concerned with sacred rites, with priests, with public officers. Private law has a threefold division, it is deduced partly from the rules of natural law, partly from those of the ius gentium, partly from those of civil law.

C. H. Monro trans. (modified), vol. 1, p. 3 (1909).

Persons

I. slaves vs. free
freeborn	freed–§§36-47 (restrictions on manumission)
	dediticii–§§13-15	Junii–§§22-25	citizens–§§16-21

II. B.sui iuris vs. A. alieni iuris

A. alieni iuris: 1. in general–§§48-50 8. termination–§§124-41
in potestate–§51				6. in manu–§§108-15		7. in mancipio–§§116-23
2. dominica potestas–§§52-4		patria potestas
	3. iustae nuptiae–§§55-64		4. mixed marriage–§§65-96		5. adoptivi–§§97-107

B. sui iuris: 1. in general–§§142-3
12. actions against tutors and curators–§§199-200

totally

tutela: 9. in general–§§188-93
10. cessation–§§194-96

11. cura–§§179-93

2. testamentaria–§§144-54

legitima

5. fiduciaria

[dativa]

prodigi

furiosi

minorum

3. children–§§155-64

4. freedmen–§§165-66

6. women–§§179-83

7. litigation–§186

8. those without–§§185-87

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last modified: 12/14/08