- Its foundation and development
The Republic declined, largely because it was unable to solve its administrative problems which had increased following Rome's expansion. Octavianus (known after 27 B.C. as Augustus) restored the order which was threatening to vanish in civil war. Under the cloak of bringing back the Republican constitution the nominally shared power with the Senate but, in fact, ruled as a monarch.
The Period from 27 B.C. is known as the Principate (princeps = first citizen). From Diocletian (A.D. 284) an absolute monarchy was in existence and that period is known as the Dominate (dominus = master). The Empire was divided for purposes of administration in A.D. 364, when Valentinian II and Valens became joint Emperors. Rome was sacked in A.D. 410 and in A.D. 455. The Western Empire collapsed in the late fifth century, but the Eastern Empire survived and continued, nominally, until the fifteenth century. Justinian ruled as Emperor of the East from A.D. 527-565.
- Changes in the legal system
+ The Senate
Senatusconsulta became, after the early days of the Empire, a mere expression of the imperial will. The independence of the Senate declined and its powers withered away. Thus, in A.D. 282, following the murder of the Emperor Probus, a new Emperor, Carus, was elected by the military and ascended the throne without the preliminary authority of the Senate. The Emperor's power, based on his army, was henceforth the real source of legislative authority.
+ Imperial Decrees
Decrees, edicts, and various other pronouncements of the Emperors, known collectively as constitutiones, had the effect of imperial legislation. Orationes (speeches) by which legislation was introduced into the Senate in the Emperor's name also acquired the force of law.
+ Consolidation of the Praetorian Edict
Praetorian Edicts were consolidated at Hadrian's order. After this time they were no longer a source of fresh law.
+ Plebiscita
These became obsolete.
+ Responsa Prudentium
The growth in importance of the jurist's opinions was of great significance. See also the Law of Citations.
+ Powers of the Magistrates
The powers of Praetors and Quaestors declined with the growth in the powers of the Emperors and their officials. Consuls were appointed by the Emperor; occasionally the office of Consul was held by the Emperor himself. Justinian abolished the office of Consul in A.D. 541.
+ Replacement of the Formulary System
Under Diocletian, the Formulary System began to be replaced by the cognitio extraordinaria. The Emperors Constans and Constantinius completed its replacement.
+ Codification
Justinian and his vast programme of consolidation and codification.
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- Roman Law: Historical background
+ Periods in the history of Roman Law
+ 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
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Source:
Roman Law, L. B. Curzon, pages 11 - 13.
