5 Key Stages of Roman Law Development
Historical Stages of Roman Law
In the evolution of Roman law, five main stages can be distinguished. Each corresponds to a different political system that influenced the modes of production of law. The sources of law changed with the different political systems:
1. Archaic or Early Stage (750 BC – 450 BC)
This stage is characterized by a significant intertwining of law and religion, creating uncertainty about the limits of each. Politically, it corresponds to the period of the Roman monarchy.
2. Preclassic Stage (450 BC – 27 BC)
This stage begins after the publication of the Law of the Twelve Tables, which represented the first written standard of Roman law. This ended the prior uncertainty and established the principle of isonomy, or equality before the law. The Law of the Twelve Tables formed the core of Roman law, and its evolution was driven by the interpretations of jurists. Politically, this stage corresponds to the Roman Republic, representing a shift to a Rule of Law based on popular will.
3. Classic Stage (27 BC – Mid-3rd Century AD)
This stage represents the peak of Roman legal science and jurisprudence. A group of lawyers dedicated to legal science, whose mission was to develop the law, characterized this era. Law became a significant factor in Roman politics and was transmitted from generation to generation. Politically, this period coincides with the Principate or early Roman Empire. This new regime, emerging from the crisis of the Republic symbolized by Julius Caesar, retained some elements of the monarchy, with power vested in the Princeps (first citizen).
4. Postclassic Stage (Mid-3rd Century AD – Late 5th Century AD)
This stage, corresponding to the Dominate or late Roman Empire, saw a decline in the level of legal scholarship, a process known as the “vulgarization of law.” Christianity began to influence Roman law significantly. Initially persecuted, Christianity became first tolerated and then the official state religion. However, intolerance persisted, with persecution shifting to heretics, pagans, and Jews. The emperors became advocates of Christianity, influencing both earthly and spiritual matters.
The absolute rule of the emperors during this period is reflected in the phrase Deus et Dominus (“Lord and God”).
By the end of the 4th century AD, Emperor Theodosius divided the empire geographically, politically, and socially. The Western Roman Empire, with its capital in Rome, fell to barbarian groups around 476 AD. The Eastern Roman Empire, with its capital in Byzantium (Constantinople), maintained Roman civilization until its conquest by the Turks in 1453 AD.
5. Justinian’s Compilation (6th Century AD)
This stage is named in honor of Emperor Justinian. His work in compiling Roman law preserved and transmitted a selection of significant legal developments to posterity, influencing legal systems to this day.