History of the Romanian State and Law Lecture Notes

Flashcards covering the chronological evolution of the Romanian state and law, focusing on the Dacian monarchy and the Roman province of Dacia.

What is the general goal and chronological structure of the 'Istoria statului şi dreptului românesc' course?

The goal is the study of the state and law through legal institutions and their chronological evolution, covering the Ancient era, the $4^{th}-14^{th}$ century epoch, the centralized monarchy ($13^{th}, 14^{th}-18^{th}$ centuries), the Modern era, the Constitutional Monarchy ($1866-1938$), and the path of state and law between $1938-1947$.

During the pre-state stage of the Dacian monarchy ($1^{st}$ c. a. Chr. – $2^{nd}$ c. d. Chr.), how was society organized?

Society was patriarchal or matrilocal, organized into clans ($ginţi$) and tribes, beginning with the individualization of Dacian tribes within the Thraco-Indo-European branch around the $8^{th}$ century a. Chr. during the Hallstatt period.

Which tribal union leader is recorded as facing the Macedonian diadochus Lysimachos around the year $300$ a. Chr.?

Dromichaites

Which Dacian leaders are mentioned in sources from the $2^{nd}$ century a. Chr. and approximately $200$ a. Chr.?

Rhemaxos (protector of Histria), Oroles (fought the Bastarnae), and Rubobostes.

What characterizes the unification of tribes under Burebista around $82$ a. Chr.?

The unification was achieved both peacefully through alliance systems and less peacefully through conquests, with the royal residence likely located at Costeşti-Cetăţuie.

In the state of Burebista, who held the position of High Priest?

Deceneu

Which Dacian king is associated with the merging of secular and religious power and the phenomenon of semi-deification?

Decebal

Who were the 'tarabostes' (pileati) and 'capilati' in Dacian social structure?

Tarabostes (or pileati) were the warrior aristocracy and priests, while capilati represented the lower social layers.

What was the status of land ownership in the Dacian monarchy?

While private property existed for households and agricultural/craft tools, the King was considered the owner of the entire territory (soil and subsoil), possibly holding a monopoly over gold and salt.

How was the family unit characterized in Dacian law?

The family could be monogamous or polygamous; marriage involved the 'buying' of the wife, and the wife could be punished by death for infidelity. Child descent was determined by the father.

Which Roman Emperor completed the conquest of Dacia in $106$ p. Ch.?

Trajan

Where were the administrative and financial headquarters of the Roman province of Dacia located?

The governor (legatus Augusti pro praetore) was based at Apulum, while the financial procurator was based at Ulpia Traiana Sarmizegetusa.

Under which emperor was Dacia divided into three provinces: Dacia Apulensis, Dacia Malvensis, and Dacia Porolissensis?

Marcus Aurelius

Define 'honestiores' and 'humiliores' in the social structure of Roman Dacia.

Honestiores included the aristocracy, large landowners, officials, and officers, while humiliores included the plebs and the rural or urban poor.

What was the legal status of land (ager publicus) in Roman Dacia?

The Emperor was technically the owner of all land; inhabitants only held 'possessio' and 'usufructus'. Land was further divided for cities (agri vectigales civitatis) and veterans (agri vectigales ad viritim).

What were the specific 'ius' components of Roman citizenship (ius civile) in the province?

Ius comercii (right to legal acts), ius conubii (right to military service/marriage), ius suffragii (right to vote), and ius honorum (right to run for magistracy).

How were mixed trials between citizens and peregrines handled in Roman Dacia?

They were brought before Roman tribunals based on the legal fiction that the peregrine was a Roman citizen.

What is the significance of the wax tablets (tăbliţe cerate) found at Alburnus Maior (Roşia Montană)?

They are the primary legal documents of the era, consisting of $25$ tablets ($14$ deciphered) containing contracts for sale (slaves/property), labor hire, deposits, loans, and business partnerships.

What terms were required in a 'stipulatio' contract accessible to peregrines?

The formal exchange: 'Promittis?' (Do you promise?) and 'Promitto' (I promise).

What was 'ius Italicum' in the context of Roman Dacia?

A system of privileges that granted tax exemptions to citizens assimilated under this right.