ROMAN LAW: HISTORICAL CONTEXT TO ROMAN
LAW
- 201 B.C Rome was a dominant power in Western Mediterranean
- In this period they experience terrItorial expansion and gained capital from the provinces they
acquired. - ANS-LATER REPUBLIC PERIOD
- Mostly wealthy plebeians benefitted
- Usually you held office if your ancestor had held that position - ANS-WHAT WERE THE
LIMITS OF THE LEGES LICINAE SEXTIAE?
242 B.C - ANS-WHEN WERE THERE TWO PRAETORS INTRODUCED?
27 B.C - A.D 384 - ANS-WHEN WAS THE PRINCIPATE PERIOD?
284 A.D
last part of constitution and eventually the Emperor accepted as (dominus) lord and master -
ANS-WHAT WAS THE DOMINATE PERIOD?
330 A.D - ANS-WHEN WAS THE BYZANTINE EMPIRE?
367 B.C - ANS-WHEN WERE THE TWO CURULE AEDILES APPOINTED?
443 B.C - ANS-WHEN WERE THE CENSORS APPOINTED?
510 B.C The Roman Republic started out as a small agricultural city state initially. - ANS-HOW
DID THE ROMAN EMPIRE START OUT IN 510 B.C?
527 Justinian succeeded to the throne, ruled over Roman Empire which Rome was detached -
wanted to restore glory, reclaim territories, invigorate intellectual accolades - Roman Law -
ANS-WHEN DID JUSTINIAN BECOME EMPEROR?
assembly of Plebeians same voting basis as comitia tribute - supervised by Tribunes
(magistrates) but measures passed in this assembly (plebiscite) had no legal effect/ authority
until lact act in the Struggle of Order 'lex Hortensia 287 B.C' in which plebiscita should have
legislative powers - ANS-WHAT WAS THE ROLE OF THE COMITIA PLEBIS?
Comitia Curiata
comitia tributa
Conciliuk Plebis - ANS-WHAT WERE THE THREE INITIATIVES?
, curiata (voting done by thirty curia) had slight political functions, some importance in private law,
simply represented by thirty lictors (attendants of the magistrates) - ANS-WHAT WAS THE
ROLE OF COMITIA CURIATA?
D successor Constantine - Byzantine Empire - New Rome: Constantinople 330 becomes capital
- shift in centre of empire from West to East
• Prohibited persecution of Christians, imperial favour to new religion, Church and Emperor
allied - ANS-WHAT HAPPENED DURING THE BYZANTINE EMPIRE?
Diocletian's - sweeping innovations, simply made the constitution a system, continuity of
Augustus
Politically at army's mercy, guard against coup, single central authority difficulty in ruling vast
empire, economic crisis
D solution
• monarchal maintaining mystique and ceremony of his role becoming a sacred entity, forms of
Republican government discarded, all power to him
• Senate lost all legislative power
• Consuls survived but they have a very ornamental role, still had duty for games in the city
• Shared power with co-Emperor Maximian who was East while D was West, made permanent
in 395 - division of the rule of the Empire
• Legislation under both names even if enacted by one
• Each Emperor had an assistant - a Caesar as their successor who looked after part of his
territory
• Compulsion and state control to curb economic failure, state factories, commerce regulated
(internal & external) by the state - hered - ANS-WHAT HAPPENED DURING THE DOMINATE
PERIOD?
Each had full power but could be vetoed by the other.
They only held office for a year.
Their power could be limited by legislation.
Other offices were created to take on some of their responsibilities, but they still had full power
with the same limits.
Only by legislation that a citizen could appeal to the Assembly for his execution. - ANS-WHAT
WERE THE LIMITATIONS IMPOSED ON THE MAGISTRATES/ CONSULS?
In this time period was The Struggle of Orders.
This struggle was a class conflict between the Patrician nobility and the Plebeians (ordinary
citizens).
Plebeians could not hold positions in office or really have a political voice, political power was
largely consolidated by the Patricians. The Plebeians sought political equality. - ANS-WHAT
HAPPENED IN 510 B.C- 367 B.C?
Influx of wealth allowed wealthy people to cultivate Italy's lands (assisted by slave labour)
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