The evolution, periodization of Roman law are the initial concepts in the study of legal disciplines, since it was Roman law that acquired universal value. This is due to the fact that from the codes of traditions of one people it eventually transformed into a universal code of laws of the ancient world. Periodization of Roman law makes it clear how this happened. It is about it that will be discussed later.
Archaic period
Periodization of sources of Roman law:
- Unwritten law.
- Traditions of ancestors, customs.
- Royal laws.
In 510 the king (rex) was overthrown, a republic consisting of free citizens (civis) was established. From here came the name "civil law", that is, free.
Pre-Classic Period: First Codification
The codification periodization of Roman law begins with the first set - “Laws of 12 tables”. The struggle of freedom-loving plebeians and patricians in Rome led to the appearance in 451 BC. e. first laws in Rome. Of course, no one specially invented them, all the norms existed earlier in the form of various traditions, but the patricians were against it, as this deprived them of various arbitrariness in society. Now all relationships are fixed legally.
“Laws of 12 tables” was prepared by a special commission from the Decemvirs, which worked on them for a year.
The code represented, rather, incorporation, mixed norms: property, procedural, criminal, and even some police rules. But despite this, the structure was sustained thematically: first came the procedural rules, then came the tables with the content of the norms of family relations, the eighth - the criminal norms, the tenth limited the pomp at the funeral rites, which suggests that this was a whole problem for Roman society, and etc.
This code served as a model for the future codification of laws, as it had conciseness and clarity.
The periodization of Roman private law also originates from here. "Laws of 12 tables" for the first time recorded private property, which was protected under pain of death, and legalized slavery.
Periodization of Roman Law: Presentation of Pontificate Legal Knowledge
Pontiffs are not just priests of Rome, as many think, they are, rather, the first lawyers to advise citizens. They drafted lawsuits and interpreted laws. None of the acts, except for the provisions recorded in the “12 tables”, had legal force.
The pontiffs had a monopoly on the clarification of legal norms from the code, since all the archives were in the temple of Saturn. They could also formally clarify the application of norms and language to other situations not prescribed by law. That is, they actually performed the modern functions of the boards of the Supreme Court in our country.
Judicial Allocation
The judicial periodization of Roman law dates back to 367 BC. e. with the adoption of the law, the initiator of which was the stands of Licinius Stolon. According to it, one of the two consuls (top position) should now be selected from the plebeians. Dissatisfied patricians lost their monopoly on the highest power in the state. As a “consolation prize,” they managed to create a new position for themselves - the city praetor, assistant consul, who specialized in justice. This means the institutional allocation of a new power - the judiciary.
Praetor Responsibilities
The praetor enjoyed great power in the city, he monitored economic life, trade operations, and administered justice.
Of course, his activity should have been based on existing laws, but very often his decisions were contrary to them. Sometimes our modern court orders also defy any explanation. Different judges today, as then, make directly opposite decisions for similar cases.
The periodization of Roman law includes an important event - the Law of Hortense, dated 287 BC. e. According to it, all decisions of a plebiscite are required to comply with all citizens. There is a peculiar selection of the legislative body in the Roman Republic. Now the plebeians formally had a more privileged position, since the decision of their representative body must be fulfilled by everyone. Patricians did not have the right to pass laws. The plebeians had privileges in their posts, as they were given access to all while maintaining the class exclusivity of the plebeian magistrates.
The emergence of “the right of peoples” and the final allocation of Praetorian law
Periodization of the history of Roman law in the pre-classical period highlights, along with civil law, Praetorian law with the formation of the so-called right of peoples. Rome, defeating Carthage and capturing all of Italy, began to expand its borders around the world. The force capable of stopping its colonization was no longer there.
The difference between Roman law is flexibility, adaptation to new realities. New peoples have an individual legal system, culture, traditions. To unify the whole world under the laws of one city was impossible.
Under these conditions, in the year 242, a special praetor position was allocated, which ensured order in the relations between Roman citizens and pelegrins (foreigners).
Judicial powers were vested in a private judge, who must conduct the process according to a special formula (per formulas). In addition to formulas (processes), edicts were established in which it was announced what legal relations would receive protection during the period of the praetor's position. In other words, procedural rules were created, as well as peculiar by-laws by a specific person. The new praetor maintained the old edicts, but could create new ones. Succession was optional.
The praetor could not contradict the “12 tables” and other laws of the plebiscite and the Senate, but even the modern developed legal system makes it clear that it is impossible to write down all the provisions in the codes. Each legal case is an individual process with its own nuances. Roman law with limited legal burdens, the sources of which were “12 tables,” the decisions of the plebiscites and some provisions of the senates could not cover all aspects of life. Complicated the situation is the “right of peoples” with the expansion of Roman influence in other territories.
All this gave praetors the opportunity to make their own decisions on controversial and controversial issues. But their own laws were not actually legitimate. Judicial precedent was not considered a source of law. Everything changed with the adoption of the Law of Ebucia in the second half of the second century. BC e. He legalized the legal initiatives of judicial magistrates.
With the advent of pre-trial law, the protection of private property rights is finalized, since many lawsuits were filed with the magistrates regarding property matters. That is why a special praetor was highlighted, which dealt with economic disputes between the citizens of Rome and pelegrines.
The periodization of the development of Roman law includes an important stage - the adoption of the laws of Augustus in 17 BC. e., according to which the creation of their own formal edicts of each new praetor was canceled. After that, all processes were unified, and the legal system was modified, and most importantly, systematized.
This was necessary since Rome as a state was a huge tool. Annually changing laws and procedural forms only worsened trade operations and administrative control. While pelegrin managed to get to a remote province, laws had already changed. Fast flexibility and constant change of laws are necessary in a small state. When creating a large empire, on the contrary, conservation and unification of all processes is necessary.
Features of the classical period
Further, the periodization of Roman law includes the era of the classical period. In 27 BC, a principate was formed in Rome. All sources of law are concentrated only in the hands of the emperor through the constitution (constitutionis principium). All of them solved the current problems of the state and were divided into 4 forms:
- Edicts are general laws.
- Decrees - decrees on specific issues.
- Rescripts - interpretation of difficult questions.
- Mandates - job descriptions for officials.
Features of the development of law in the post-classical period (284-476 years. BC. E.)
The periodization of Roman law ends with a post-classical period. This is the era of the final decline of jurisprudence and the activities of lawyers. If in the classical period their lawmaking was associated with interpretations, improvement of imperial constitutions, then in the post-classical period they turned into ordinary officials.
A new periodization of Roman law appears, associated with the division of Rome into the Western Empire, later captured by the barbarians, and the Eastern.
The development of law is associated with the emperor of the Eastern Roman Empire, Constantine, who organized a commission of lawyers. Within 5 years they created 3 parts of codification:
- Institutions are official guidelines for established law schools.
- Dagestas - a collection of all the works of Roman lawyers.
- Codex - a collection of imperial laws (constitutions).
During the Justinian period , the code was perfected, which included short stories - the constitution of Justinian (hence the term "justice").
Periodization and the main stages of the evolution of Roman law
- The archaic period (753-451 BC) - the reign of 7 kings. Main sources: precedents or unwritten law, royal laws, traditions.
- The development of civil law (451-449 BC) - the creation of "Laws of the XII tables", the monopoly of pontiffs on the interpretation of law.
- The preclassical period (3rd – 1st centuries BC) is the appearance of praetor law and the formation of the “right of peoples”.
- The classical period (27 B.C.E. - 284 A.D.) - the emperor’s constitutions are the only source.
- Postclassical (since 284 AD) - the decline of law in Western Rome, the codification and flowering of jurisprudence in Byzantium.