CLASSICS 2LW3 Study Guide - Midterm Guide: Arianism, Temple Mount, Mishnah
28 Jun 2018
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CLASSICAL ROMAN LAW
27 BC - 284 AD - The Principate
Still used to elect magistrates, but all candidates were pre-selected by the emperor
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200 AD - Assemblies were rarely convened following this date
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Assemblies were no longer responsible for the enactment of leges, with the last lex passed under Nerva
•
Lex lulia de senatu habendo outlined requirements for attendance
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The emperor would bring proposals for ratification, but by 200 AD, senatorial approval became little
more than a formality, and by 284 AD proposals were no longer submitted for approval
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A decree by the senate senatus consulta became equivalent to leges
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The Senate took over the legislative role from assemblies
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Magistrates lost much of their traditional authority as a result of the princeps, though praetors retained
iurisdictio
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Ultimate veto tribunicia potestas
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Greater proconsular power imperium proconsulare maius in the form of decrees decreta, edicts
edicta, and mandates mandata, and written proclamations rescripta
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Power to consult the senate ius agendi cum senatu compared to the power to consult the people
ius agendi cum populo of the consuls
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Extra-magisterial power auctoritas allowed the emperor to enact legislation constitutiones
principum
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The Emperor under the Principate was the first citizen princeps, the "first among equals" primus inter
pares who held several magisterial powers:
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The high water mark of Roman jurisprudence followed the beginning of the Principate period. It was marked by a
rise of the Roman "super jurist" and the granting of the right to give responses on legal matters with the
authority of the emperor ius respondendi by principes, implemented by Augustus. Legal opinions of super jurists
became the bases for post-classical legal texts and legal codes.
130 AD - Formulary system is unofficially ended with the appointment of eminent jurist Salvius Julianus by
Emperor Hadrian to formalize praetorian edicts and formulae
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342 AD - Formulary system is officially abolished
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Trials were held before an official, who functioned as a magistrate and judge, both capacities as the
representative of the emperor
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The cognitio extra ordinem system did away with the two phases of in iure and apud iudicem and made
them one
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Civil Procedure and Private Law
Influence of Christianity on Roman Law
Trajan's response indicates that serious crimes and membership in illegal clubs was not pardonable
just because the accused renounced their offences
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Christianity's legality is debateable, as Pliny, governor of Bithynia-Pontus's letters to Trajan indicate that
suspicious gatherings were forbidden and punishable
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Christians refused to participate in public religion and refused the imperial cult
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Beliefs that Christians committed "outrageours crimes" flagitia, treason maiestas, and conspiracy
collegium illicitum/coetus noctuni stemmed from their purported cannibalism and incestuous relationships
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Christian persecution under Roman law became a part of Christian martyrdom tradition. Under Nero, grotesque
talio and scapegoating occurred following the Great Fire of Rome, in 64 AD. Widely rumored to have set the fire,
Nero placed blame on the marginal religious group, punishing them by setting them on fire, and using their
bodies as lanterns.
Christians Under the Dominate Period
Constantine I and Licinius agreed to give Christianity legal status, changing long-standing policies
against the Christians in Rome
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313 AD - Edict of Milan
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Issued jointly by Theodosius I, Gratian, and Valentinian II, it made Nicene Christianity the state
religion of the Roman Empire
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380 AD - Edict of Thessalonica
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Under Emperor Diocletian, christian officials were removed from administration, churches and sacred books were
destroyed, and clergy were imprisoned or executed unless they performed token pagan rites.
Classical Roman Law
November 14, 2017
4:49 PM
Ancient Law Page 1
Document Summary
Still used to elect magistrates, but all candidates were pre-selected by the emperor. 200 ad - assemblies were rarely convened following this date. The senate took over the legislative role from assemblies. Lex lulia de senatu habendo outlined requirements for attendance. The emperor would bring proposals for ratification, but by 200 ad, senatorial approval became little more than a formality, and by 284 ad proposals were no longer submitted for approval. A decree by the senate senatus consulta became equivalent to leges. 27 bc - 284 ad - the principate. The high water mark of roman jurisprudence followed the beginning of the principate period. It was marked by a rise of the roman "super jurist" and the granting of the right to give responses on legal matters with the authority of the emperor ius respondendi by principes, implemented by augustus. Legal opinions of super jurists became the bases for post-classical legal texts and legal codes.
