Laws {Roman law} differed in Roman Republic and Roman Empire.
crime
In late Republic, courts for specific crimes developed. The worst crimes resulted in exile or capital punishment. Roman law did not presume accused-person guilt or innocence.
In imperial Rome, imperial officials judged crimes. Graduated punishments developed. Consensus established criminal laws. Criminal-law prosecution depended on finding facts.
names
Roman names were given name, followed by gens name, followed by family name.
objects
In Roman law, injured persons got offending animals. Laws did not punish animal owners.
offices
Senate elected all offices with potestas annually. Consuls, praetors, and dictators had no restrictions but had duties. Officials imposed fines up to the limit set by law and issued orders to carry out functions. Same or higher-ranking officials could veto official acts. Large administrative staffs had low rank with little influence.
offices: emperor's court
Emperor had his own court, which took requests for decisions from lower officials and private persons. Imperial orders included obligations in written contracts, anti-divorce laws, marital-gift laws, and illegitimate children. Emperor selected officials from equestrian class.
property law
Under Justinian, all property transfers required no ceremonies, and all property became res nec mancipi.
securities
Rome had no negotiable instruments.
Roman Republic had two citizen classes {Roman classes}, patrician and plebian. Roman Republic first was an aristocracy, with sober, ethical, and patriotic landed men.
Plebians and patricians were equal in power by -300. Plebian, patrician, and equite senatorial class {optimate} became aristocracy.
curia
Under early kings, for religious functions, the people organized into 30 groups {curia} with 10 gens each.
century
The five social classes and the equites had 100-soldier groups {century}. In the social classes, men over 45 were half the centuries. People of certain classes had to bring certain equipment when they reported for compulsory military duty. Patricians and equites had 18 centuries. Less wealthy classes had fewer centuries. Plebians had one century. Later, wealthy had 193 centuries.
Roman Republic had clan members {patrician}| and plebians.
Roman Republic had patricians and other free men {plebian}|.
Aliens {alien, Roman law} were hostile {hostes} or friendly {peregrini}. Clientes were under patrician's legal protection. Praetors used ius gentium in cases involving aliens, because it was universal law. Romans used laws of country from which people came, not laws of country where crime was.
In early Rome, family clans {clan}| were official political units. Family clans were self-governing and enforced clan customs {ius gentilitatis}. Clans {gens} had subclans {domus, clan}, which became independent of original clans. Clan members {gentile, Roman law} had right to vote, take auspices, be priests, make contracts, enforce contracts, make legal marriages {connubium}, and use legis actiones. Clan members had property rights {dominium}. Public laws limited clan chiefs.
Consul, praetor, and dictator had absolute power {imperium, Roman Republic} in military affairs, even over population outside Rome, until -150. The imperium symbol was the fasces.
Legal actions {legis actiones} were wagers on cases {sacramentum}. Legal actions included seizure along with proclamation that something was debt {manus injectio}. Legal actions included attachment to defendant's body {pignoris capionem}. Legal actions included demand for special arbitrator {iudicis aritrive postulationem}. Legal actions included demands for special ways of handling suits {conditionem}. At first, only priests knew law, and legal proceedings were rituals.
Citizens that faced physical punishment appealed to the popular assembly {populus Romanus}.
Laws {Roman Republic law} {law, Roman Republic} were usually senatorial decrees {senatus consulta} or magistrate decisions.
magistrates
Magistrates issued edicts before becoming magistrates, stating how they interpreted laws.
laws: Assembly
Assembly enacted {plebiscite, Rome} some laws {leges}, after presentation from Senate.
laws: injunction
Praetors prevented unlawful acts with injunctions.
laws: types
Laws were divine laws {fas}, moral laws {ius}, and secular laws. Priests and censors administered fas. State administered ius, which was about rightful powers and duties of one human with another.
marriage
In a marriage type {sine manu}, control over wife stayed with wife's father. In a marriage type {cum manu}, control over wife went to husband. Cum manu marriage used a purchase or token purchase. Control was for one year {usus}.
contract
At first, contracts required formal ceremonies. Later, contracts required only promises. Roman law had no bilateral or third-party contracts. Contracts were property transfers {nexum and mancipium}, loans {mutuum}, returnable-item loans {commodatum}, deposits {depositum}, pledges {pignus}, sales {emptio venditio}, hires {locatio condustio}, partnerships {societas}, agencies {mandatum}, and stipulations {stipulatio}. Sales books recorded literal contracts.
property
Property laws about land, livestock, or slaves {res mancipi} transferred in ceremonies. Title to land accrued by property use for periods {prescription, Roman Republic}. Property laws about ships, produce, or tools {res nec mancipi} transferred by tradition or by delivery.
tort
Roman law started imposing penalties for torts, as well as requiring restitution. Restitution was commensurate with dignity loss, not pain or suffering.
tort: negligence
Roman law recognized gross negligence {culpa lata}, as carelessness. Roman law recognized minor negligence {culpa levis}, as poorly conceived or executed action. Roman law recognized contributory negligence.
interest
Simple interest was 12%.
Province aediles and governors published edicts {edict, Roman}|, stating legal principles, protecting rights and claims, and providing remedies. Over time, edicts developed standard formats.
Laws {ius civile} can be about rightful powers and duties of one human with another. New laws can supersede old laws but not violate ius civile. If act was legal under ius civile, new laws about that act either forbade act but did not invalidate act {imperfect law} or penalized act but did not invalidate it {less than perfect law}. Traditional laws, customs, and institutions applied to citizens.
Praetors used law of nations or law of foreigners {ius gentium} in cases involving aliens, because it was universal law. In later Republic, this law began to apply in civil cases as well. Romans used laws of country from which people came, not laws of country where crime was.
Praetors stated legal principles, protected rights, protected claims, and stated lawful remedies {praetorian edict, Roman Republic}. Over time, praetorian edicts developed standard formats. Praetors allowed stipulations before trials. Praetors developed the idea of good faith {fides}. Praetors issued decrees to set aside formal-transaction consequences, especially for minors and debtors. Praetors examined claims before trials. Private citizens acted as judges, with praetor protection and authority.
Praetors and aediles developed law {ius honorarium} {ius praetorium} {praetorian law} [-250], as new situations arose. Praetorian law included general law principles, which applied especially to aliens. Ius praetorium was ius civile supplemented by equity law and natural law.
Roman Republic had officials {Roman Republic officials}. Wise men contributed to law by giving opinions, and rationalized old law to new situations {responsa prudentum}. Lawyers used law of Rome, not provinces. Lawyers were conservative and in agreement about laws. Lawyers drafted wills and business transactions {cautelary practice}. Orators {advocati} specialized in pleading cases in court.
In emergencies, Senate elected one consul {dictator}|, who received unlimited power. Dictator named a soldier and cavalry leader. Dictator had to resign after emergency ended, or after six months. Later, laws checked dictator's power.
Senate elected two praetors {consul, Roman law}| as chief magistrates. Consuls commanded the army [-367]. In war, consuls had absolute power, but, in peace, they consulted with Senate and tribunes. Before nomination before Assembly, religious auspices tested proposed consul.
At first, Assembly delegated right to govern {imperium, praetor} to two magistrates {praetor}|, typically clan chiefs. Praetors had unlimited power {potestas}. Praetors could veto each other.
Later, Senate elected praetors for one year. Praetors administered justice and were just below consuls in power. Later, Senate elected more praetors to be judicial magistrates.
civil case
In later Republic, praetors heard cases more informally than under legis actiones. They wrote cases for trial judges, in standard forms {formula, law}. Judges then decided. The only appeal was to show that judges had decided improperly.
Two men {quaestor}, one for finance and one for administration, were assistants to consuls. Chief magistrate appointed a temporary quaestor to investigate murder.
Two men {censor, Roman law}| counted population {census, Rome}, had five-year terms, typically were former consuls, decided citizen class and tribe, listed senators, had power to remove bad senators, had power of official censure, and controlled morals.
Four men {aedile} managed archives, police, and markets, but had no imperium.
After plebian unrest, Senate created protectors {tribune}| of plebian rights. At first, there were three tribunes, then five, and later ten. The plebian assembly elected tribunes annually. Tribunes could veto Assembly acts. Tribunes were safe from imperium, vetoed magistrates, submitted bills to plebian assembly, and prosecuted criminals. Tribunes acted independently. Tribunes had power only inside Rome.
Senators {Senate} were members for life, unless Senate removed them for bad conduct. Retired consuls and censors became Senators. Senate always had 300 members. It had power to establish martial law and elect dictator in war. It controlled policy, land distribution, treasury, and colonies. Senate met often. Senate at first had only patricians. Later, wealthy men who ranked just below patricians {equite} joined Senate. Roman fasces has SPQR "senatus populus que romanorum" (Senate and people of Rome).
Lenders cancelled loans if ships sank {bottomry}|.
In Hadrian's time, less formal proceedings {causa cognitio} {cognitio} replaced standard forms of presenting cases to trial judges. Praetors investigated cases and stated relief granted by law. Parties submitted written pleadings to judges. Judges ruled. System allowed appeals.
Separate official courts {cognitio extraordinaria} formed. Officials, not private judges as before, gave judgments. Judgments were for specific performance, not just damages. Emperor controlled courts.
Rome had artisan guilds {collegia}.
Romans took some German tribes {foederati}, such as Goths in north Balkans, into service.
Farther regions {province}| became more important in Roman Empire. More people, mostly honorably discharged army veterans, became citizens.
Emperor's court took written requests for decisions from lower officials and private persons and returned written answers {rescript}. Rescripts received the force of law under Hadrian.
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Date Modified: 2022.0225