Rome was founded in 753 B.C., and that part of its history which is relevant to this study of Roman Law ends with the death of Justinian in A.D. 565. It is possible to consider the history of Roman Law, in a very general manner, from a number of viewpoints: from the point of view of its general political background; from the point of view which sees its culmination in the classical period; from the point of view which considers it in relation to its constitutional background.
- Political background
The development of Roman Law may be considered in relation to the background of general political changes in Roman society. It is possible to discern five important periods:
+ Prior to the XII Tables
In this period the law was based on custom and was linked with religious practices.
+ From the XII Tables to the subjugation of Italy (c. 266 B.C.)
During this era the law was rigid and was based largely on the XII Tables and their interpretation by the College of Pontiffs.
+ From the subjugation of Italy to the commencement of the Principate under Augustus (27 B.C.)
The outstanding accomplishments of this period were the development of the law by the Praetors and the growth of ius gentium which embraced citizens and non-citizens.
+ From Augustus to Diocletian (A.D. 284)
This era included the classical period of Roman Law and witnessed an evolution of law based, in part, on scientific interpretation and reasoning.
+ From Diocletian to the conclusion of Justinian's reign (A.D. 565)
Legislation by Imperial Decree and the development of the law, together with its codification, dominated this epoch.
Note: A more general interpretation of the political background of Roman Law sees its two main epochs as:
. The epoch of local law: "Rigid, formalistic and national", characterised by the old ius civile beginning with the XII Tables and continuing until the end of the Republic.
. The epoch of universal law: "Equitable and no longer highly formalistic", leading to the growth of ius gentium, and continuing throughout the Empire.
- The classical, and related periods
The development of Roman Law may be considered from another viewpoint as falling into three periods:
+ The pre-classical period, prior to the Principate
In this period the most significant feature is taken to be the beginnings of legal science in the third to the first century B.C., born from the influence of Greek philosophy and methods of thought applied to Roman legal concepts.
+ The classical period
This vital period may be considered to have approximated to the epoch of the Principate. In a more restricted sense it is usually held to cover the period from Hadrian (A.D. 117) to the death of Alexander Severus (A.D. 235). During this period Roman legal thought made great advances, characterised by the work of the jurists, such as Gaius, Papinian, Ulpian and Paulus.
+ The post-classical period from, approximately, the third century A.D.
During this period the growth of legislation by imperial decree, and the prevalence of absolutism created an atmosphere in which the advance of legal philosophy was slowed down. In the Eastern Empire under Justinian classical tendencies reasserted themselves briefly, culminating in his vast work of codification.
- General constitutional background
Yet another interpretation of the development of Roman Law sees it in relation to the three major constitutional epochs in Roman political history:
+ The period of the Kings.
+ The period of the Republic.
+ The period of the Empire.
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- Roman Law: Historical background
+ Roman political history (I): The period of the Kings
+ Roman political history (II): The period of the Republic
+ Roman political history (III): Praetorian development of the Law
+ Roman political history (IV): The period of the Empire
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Source:
Roman Law, L. B. Curzon, pages 3 - 5.
