Roman law

Roman Law Timeline

Period of Kings

Republic

Principate

Dominate

Period of Kings

Monarchy

Agricultural Pastoral Society

Patricians - upper class

Plebians - lower class

Patricians had political rights but plebians had no political status

Republic

From Agricultural society to one of international trade

Moved from monarchy to two magistratus called consules

- Consular power was limited

- Power was virtually absolute

- Exercised all executive functions

- Praetor introduced

Every male Roman citizen could vote

Senate

Praetor

2 at a time

Managed administration of civil processes in Rome

2nd praetor created channels that enabled litigation between foreigners or Romans & foreigners in Rome

Senate

Ex magistrates (consultative body)

- Advised officials

- Authority over state finances, ratify legislation, conducted foreign affairs

Principate

Civil wars and emergence of dictatorship

Murder of Juluis Ceaser

* His son, Augustus became the first emperor

- Created his own new administration

- Emperor bypassed senate and created law directly

Dominate

Absolute monarchy

Emperor became sole ruler

Law of Twelve Tables

Oldest known source

Originated from the struggle between patricians and plebians

- Law was inaccessible to plebians and was unwritten and exclusive to patricians

Twelve Tables description:

- Did not distinguish between private and public law

- Covered a wide area of law

- Systematic approach

- Distinguished between law and religion

Importance of the Twelve Tables

- First codification of Roman Law

- Source of all public and private law

- Laid the foundation for the further development of an illustrious legal system

- Made law accessible to lower classes

- Suggested that the community was determined to formalise and institutionalise legal remedies

Ius Honorarium

Praetores had rights to issue edicts (became primary source of law)

* Formed bases of ius honorarium

To inform Roman citizens of legal rules and general policy

Many simply took over their predecessors

Juristic literature & law

1. Interpreted the law

2. Gave advice to clients (simple preperation for court)

3. Drafted legal documents

4. Provided clients with assistance in the preparation of court

5. Wrote on legal subjects

6. Taught law

Imperial law

Emperor went from asking for permission to passing laws by himself

1. Indirect power - emperor had to go through traditional channels to make law

2. Direct power - Emperor cut out middleman

3. Constitutio - Direct legislation made by the emperor

Types of constitutiones:

1. Edicts - Executive orders that remained valid and binding until retracted

2. Decrees - Decisions given by emperor in legal disputes

3. Written responses

4. Mandates - Emperors instructions to subordinate officials

Corpus Iuris Civilis

1. Commission to collect all imperial constitutiones, systematise them, eradicate obsolete legislation and delete contradictions and repetitions

2. Digesta - Contained writings of the classical jusrists

3. Institutiones textbook for law students

4. Codification of the Novellae

Relevance to South African law

- Component of Roman-Dutch law

- South African private law is significantly Romanised

- Various legal institutions originated in Roman Law

- Can help solves legal problems