Roman law and government were foundational to the empire's success. From the Twelve Tables to Justinian's Corpus Juris Civilis, Roman legal principles shaped Western jurisprudence for centuries to come.

The imperial system evolved from the Principate to the Dominate, centralizing power with the emperor. Though the Senate's role diminished, it remained a source of legitimacy as the empire expanded its reach through a complex bureaucracy.

Development of Roman Law

Evolution and Key Developments

• Roman law evolved over centuries with key developments:
  • Twelve Tables (450 BCE) established fundamental principles like due process, equal protection under the law, and the right to a fair trial
  • Corpus Juris Civilis compiled under Justinian I (6th century CE) served as the basis for the study and practice of law in medieval Europe and beyond
  • Jurists like Gaius, Ulpian, and Papinian made significant contributions to the development and interpretation of Roman law
• Roman law distinguished between:
  • Ius civile (civil law) applied to Roman citizens
  • Ius gentium (law of nations) applied to non-citizens and was based on principles of natural law and equity

Key Principles and Concepts

• Key principles of Roman law included:
  • Persona (legal personhood) recognized individuals as subjects of legal rights and duties
  • Res (things or property) classified different types of property and established rules for ownership and transfer
  • Actio (legal action or procedure) provided mechanisms for enforcing legal rights and resolving disputes
• Roman law recognized various types of contracts:
  • Stipulatio (verbal contract) required a formal question and answer to create a binding obligation
  • Mutuum (loan for consumption) involved the transfer of ownership of fungible goods (wine, oil) with the expectation of repayment in kind
  • Commodatum (loan for use) allowed the borrower to use a specific item (horse, tool) for a limited time before returning it to the owner
  • Locatio conductio (lease or hire) established rules for renting property or services for a specified period in exchange for payment

Structure of the Roman Government

Imperial Institutions and Offices

• The Roman Empire was governed by a complex system of institutions:
  • The Emperor held supreme authority as the head of state, commander-in-chief of the army, and pontifex maximus (high priest)
  • The Senate, composed of the Roman aristocracy, served as an advisory body to the Emperor with limited legislative and judicial powers
  • The army played a crucial role in maintaining order, defending the empire's borders (Rhine, Danube), and supporting the Emperor's authority
  • The bureaucracy, consisting of various officials and administrators (praetorian prefect, urban prefect), managed the day-to-day affairs of the empire

Functions and Responsibilities

• The Emperor had the power to:
  • Issue edicts that had the force of law
  • Appoint officials, including provincial governors and military commanders
  • Control the imperial treasury and mint coinage
• The Senate's functions included:
  • Passing decrees (senatus consulta) on matters of public policy and administration
  • Trying cases of treason and other serious crimes involving members of the senatorial class
  • Providing a pool of candidates for high-level imperial offices (consuls, praetors)
• The army's responsibilities encompassed:
  • Maintaining internal security and suppressing revolts
  • Conducting military campaigns to expand or defend the empire's territories
  • Building infrastructure (roads, bridges, fortifications) to facilitate communication and control
• The bureaucracy's tasks involved:
  • Collecting taxes and managing state finances
  • Overseeing public works projects (aqueducts, bathhouses) and the distribution of grain to the urban population
  • Administering justice and enforcing imperial laws and regulations

Senate vs Emperor in Roman Administration

Evolving Power Dynamics

• The relationship between the Emperor and the Senate evolved over time, with the Emperor gradually assuming more power at the expense of the Senate:
  • During the Principate (27 BCE - 284 CE), the Emperor maintained the facade of a republican system, with the Senate retaining some traditional powers and prestige
  • During the Dominate (284 CE - 476 CE), the Emperor's power became more absolute, and the Senate's role was further diminished
• The Emperor's authority was paramount, and the Senate's role became largely ceremonial:
  • The Emperor appointed senators, controlled the agenda of Senate meetings, and could override its decisions
  • The Senate continued to serve as a source of legitimacy for the Emperor, as many emperors sought the Senate's approval to bolster their authority

Imperial Administration

• The Emperor relied on a network of imperial officials to administer the empire and maintain loyalty to the imperial regime:
  • The praetorian prefect commanded the praetorian guard and acted as the Emperor's chief of staff
  • The urban prefect was responsible for maintaining order in Rome and overseeing the city's administration
  • Provincial governors, appointed by the Emperor, administered the empire's territories and exercised judicial, financial, and military functions
• The imperial court, composed of the Emperor's family, friends, and advisors (amici, comites), played an influential role in shaping imperial policy and decision-making
  • Freedmen (former slaves) often held key administrative positions and wielded significant power as imperial secretaries and financial managers
  • Women of the imperial family, such as Augustus' wife Livia and Nero's mother Agrippina, exercised influence through their relationships with the Emperor and their patronage networks

Impact of Roman Law on Later Systems

Influence on European Legal Systems

• Roman law had a profound influence on the development of legal systems in Europe, particularly in civil law jurisdictions:
  • The Corpus Juris Civilis, compiled under Justinian I, served as the basis for the study and practice of law in medieval Europe and beyond
  • The rediscovery and study of Roman law by scholars in the 11th and 12th centuries led to the development of the ius commune (common law) that influenced legal systems across Europe
  • Many key concepts and principles of Roman law (distinction between public and private law, legal personhood, law of obligations) were incorporated into modern civil law systems in France, Germany, and Italy

Legacy in International Law and Legal Terminology

• The Roman legal tradition influenced the development of international law:
  • The concept of ius gentium, which applied to non-citizens and was based on principles of natural law and equity, laid the foundation for the development of international legal norms
  • Jurists like Grotius and Vattel drew on Roman legal concepts in their writings on international law and the law of nations
• The legacy of Roman law can be seen in the structure and terminology of many modern legal systems:
  • Latin legal terms (habeas corpus, res judicata, prima facie) continue to be used in legal discourse and documentation
  • Legal codes in many countries are organized based on the Justinianic model, with divisions between public law, private law, and criminal law
  • The Roman concept of codification, which aimed to systematize and harmonize legal rules, influenced the development of modern legal codes (Napoleonic Code, German Civil Code)