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Chapter 10, 11, 16 & 17

Classical Studies 2301A/B Chapter 10, 11, 16 & 17: The Essentials of Roman Law

Classical Studies
Course Code
CS 2301A/B
Randall Pogorzelski
10, 11, 16 & 17

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Thursday, November 17, 2016
The Essentials of Greek & Roman Law
Chapter 10: Cicero’s De Legibus & Natural Law
Marcus Tullius Cicero (106-43 BCE)— orator, lawyer & writer, consul & proconsul
-practitioner of law someone concerned w ultimate answers
-goal of law = promote firm foundation of Sates, strengthen cities & curing ills of ppl
-in our nature to love what is good and to hate whats bad
-not only aware of good, but desire to be good too
-only that which is naturally just & naturally good (right reason)
-law not intended to scare ppl into following it — ppl follow bc of desire to be just
-laws create rules to remind everyone of the way they should act
-as a reminder & reflection of inborn natural human understanding
-man receives gift of reason from nature — goodness reflects connection to nature
-nature provides for our existence (gifts from nature)
-Legal relativism = laws are expression of community standards of justice
-private & public law are derived from the practices & customs of roman ppl
-casts ppl as judges of right
Chapter 11: Legal Procedures, Institutions & Organization
-12 tables, advice of senate (senatus consulta) & laws passed by people (leges) —>
backbone of early legislation
-statutes have praescriptio (comment concerning the wrong) & sanctio (neg consequences)
-phases of Roman procedure:
-Preclassical: praetor assessed dispute & & determines whether plaintiffs suit has any merit
-if yes; sent to judge for decision
-Formulary: praetor evaluated parties claims & defences, & then wrote a formula (summary
of the statement) — judge must follow formula (3 parts)
-naming of judge, statement of plaintiffs claim & explanation of how judge was to apply
facts to the law
-Extraordinary: imperial bureaucrat performed roles until now were executed separately by
praetor & judge
-1st criminal courts established in middle of 2nd century BC
-Sulla devised systems of criminal courts — Augustus created additional criminal tribunals
-Senate & emperor decided # of criminal cases
-after lex Aurelia (70 BC) criminal juries had 75 jurors (b/t 30 & 60)
-25 senators, 25 equestrians & 25 from class just below equestrians
-Any male citizen able to initiate criminal prosecution
-begins w arraignment
-opening arguments
-each side presents evidence
-jurors voted secretly using wax tablets
-valid defences = self defence, defence of 3rd party, duress & heat of passion (less extent)
-few rules regarding the law of evidence
-generally introduced nearly anything they wanted to
-due to bias, parties themselves, family members of party, patrons & freedmen not allowed to
Chapter 16: Criminal Law
find more resources at oneclass.com
find more resources at oneclass.com
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