Legal History
A. Costov
DATES/NAMES/TERMS
WEEK 2: ROMAN LAW
Dates:
April 21, 753 BC – foundation of Rome by Romulus and Rem
Rome:
- Kingdom: 753 BC – 509 BC (7 kings)
- Republic: 509-27 BC
- Empire: 27 BC-476 AD/1453 AD (Western/Eastern)
509 BC – the Rape of Lucrecia Republic
494 BC – strike of plebs and introduction of plebeian tribune
450-451 BC – the law of XII tables
376 BC – plebeians are given one consul (out of two)
286 BC – Lex Hortensia: legislation from the plebiscite equaled with legislation from the Comitia
100 BC – 250 AD – peak of jurists’ legislation
March 15, 44 BC – death of Caesar
44 BC – death of Caesar
27 BC – Octavian rewarded himself the imperium of the pro-consul and the power of a public tribune
for life start of the Imperial Age
135 AD – Edictum Perpetuum – a final version of edicts by praetor; no more edicts from that time
onwards
330 AD – Emperor Constantine founded a new capital, Constantinople
395 AD – Emperor Theodosius divided the Empire into two parts – Western and Eastern
426 AD – “Lex Citandi” by Theodosius II: compilation of laws of the 5 most prominent jurists
438 AD – “Codex Theodosianus”: compilation of imperial laws from 300 till 438 AD (not a
codification, just a list)
476 AD – “Fall” of the Western Roman Empire; Romulus Augustulus is disposed
529 AD – “Codex Justinianus”: a complete guide to all sources of imperial law one could use,
including “Lex Citandi”
533 AD – the “Digest” (“Pandects”): one constitution made by fractures of different writings by
different jurists (a codification) (lex posterior doesn’t apply)
533 AD – “Institutes”
534 AD – “Novels”
534 AD – Revised version of Codex Justinianus
1453 – Fall of the Byzantine Empire
Names:
Romulus and Remus – founders of Rome
Gnaeus Flavius – publisher of the judges’ interpretation of the law of XII tables
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,Legal History
A. Costov
Julius Caesar – Roman consul appointed for life, a dictator. His death the beginning of the end of
the Republic
Gaius Octavian – the first Roman Emperor
Hadrianus – Roman Emperor, got rid of praetorian edicts, hired Salvius Julianus to write a
compilation – Edictum Perpetuum
Salvius Julianus – a jurist, author of “Edictum Perpetuum”
Constantine – Roman Emperor, founder of Constantinople
Theodosius I – Roman Emperor, divided the Empire in two
Romulus Augustulus – the last Western Roman Emperor
Gaius, Paulus, Ulpianus, Modestinus, Papinianus – greatest roman jurists (Papinianus was the
greatest)
Theodosius II – Eastern Roman Emperor, ordered “Lex Citandi” and “Codex Theodosianus”
Justinian – Eastern Roman Emperor, ordered Justinian’s legislation (Codex Iuris Civilis)
Tribonian – leader of all the commissions working on Justinian’s legislation (except for Codex)
Terms:
Imperium – power vested by Gods, including a power to create legislation; undivided for 2
consuls/emperors
Edicts – ordinaries, binding statutes produced by the person who had imperium; are binding as long
as the person who had issued them was the King (laws laid down from above)
Comitia – a second legislative body, consisted of each Roman citizen
Lex – a law created by the Comitia (laws created from below); valid until annulled. During the
history of Rome a number of bodies could create leges: the comitia, plebiscites, senate, emperor
Patrician – decedent of patres, first heads of families
Senate – a council which consisted of 100 patricians (later plebs were added), advisory organ;
decisions didn’t have the power of law; later replaced Comitia and could create leges
Consul – a person at power during the Republican Age (together with another consul); elected
annually by the public assembly (comitia)
Plebeians – roman citizens who were not patricians; had the power of veto
Plebiscite – gathering of plebeians; after Lex Hortensia could create leges binding for everyone
Lictor – a bodyguard who carried a symbol of power
Intercessio – possibility of one consul to block a decision of another consul because imperium was
undivided and legislation had to be unanimous
The law of Twelve Tables – first written source of law; codification
Praetor – politician, the holder of praetura, participated in the imperium; could bring adjusts to
previous laws once elected; didn’t make new laws – supplemented or corrected existing laws
Ius praetorum – laws of praetors; created were civil law was not crystal clear for the public (in force
only for a year); basically, introduced modifications of already existing laws
Formula trial (iudex privatus) – a trial held before a praetor (people would create a formula, a
small guide for a praetor to adjudicate)
Lex Hortensia – law which equaled laws from plebs to laws from the comitia (leges, lex)
Edictum Perpetuum – compilation of praetorian edicts by Julius Slavius; after them – no more
praetorian adjustments
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, Legal History
A. Costov
Constitution – a law by the emperor: edict, mandate, rescript, decree; has the force of a lex – valid
until annulled; binding legal force
Responsum – opinion or interpretation done by jurists for private individuals; binding because were
based on the authority of the emperor who granted jurists with such a power
Ius – new name for a responsum after it gained popularity; a law (around 300 AD 2 sources of law:
leges – imperial constitutions, and ius by jurists)
Arms and laws – Justinian’s way for re-conquering the West
Codex Theodosianus – codex by emperor Theodosius II: a list of most important imperial laws from
300 to 348 AD (not a codification, just a list); every constitution was considered to be valid from the
time of its creation lex posterior
Lex Citandi – compilation of ius by 5 most prominent Roman jurists
Codex Iuris Civilis – a compilation of legislation created under an order of emperor Justinian (CJ,
D, I, N)
Codex Justinianus – contains imperial constitutions; every constitution from its emperor lex
posterior; included Lex Citandi later became invalid because of the Digest
Digesta (Pandects) – an imperial constitution containing ius (by jusrists); one imperial constitution
from one emperor from one date no lex posterior – a codification; abolished Lex Citandi which
abolished ius as a source of law
Institutes – a textbook for law-students; given the force of law
Novels – imperial constitutions issued after the Codex Justinianus
Codex repetitae praelectionis – revised version of the Codex Justinianus
WEEK 3: ITALY
Dates:
212 AD - Constitutio Antoniniana on roman citizenship
506 AD – Lex Romana Visigothorum
643 AD – Codification of Langobard law for the Langobardians, Edictum Rothari
800 AD – Charlemagne was crowned by Pope Leo III to become a new Roman Emperor Holy
Roman Empire
11th century – Irnerius re-discovers CIC
1075 – “Dictatum Papae”
1088 – first university opens in Bologna, Italy
1140 – “Decretum Gratiani” – compilation of canon law rules – written by monk Gratian
1220 – Glossa Ordinaria on “Decretum” is published by Jahannes Teutonicus (‘John the German’
1230 (approximately) – Glossa Ordinaria – standard Gloss by Accursius
1234 – “Liber Extra” published
1298 – “Liber Sextum” published
1317 – “Clementines” published
15th century – “Extravagantes” published
Names:
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