Roman Law and Citizenship Integration in Hispania
Pre-Roman Iberia and Roman Integration Policy
The Iberian Peninsula was occupied by various peoples and clustered ethnic groups, resulting in diverse Iberian cultures. Most of these peoples were unfamiliar with writing. A strong contrast existed between the peoples of the north and those in the Iberian and southern areas. These differences were due to various forms of political, economic, and social organization before the arrival of the Romans to the peninsula.
Legal diversity existed:
- On the Cantabrian and Pyrenean coast and in the northern part of the Meseta: Archaic customary law, bound by religious tradition.
- In the Levantine area and the south: Law of a legal character alongside customs.
Factors Driving Romanization
Several factors facilitated Romanization:
- The Roman army: Army camps presented important Romanized elements, favoring contact with indigenous populations. These settlements eventually became organized municipalities according to Roman standards.
- Infrastructure: Land and river routes (important for commercial traffic), civil and military constructions.
- Administration and Culture: The administrative organization, religious art, and the Latin language.
The south and Levantine regions took two centuries to be fully subjected, while the north remained unsubdued for longer. The southern and Levantine peoples had greater cultural development, which favored their adoption of Roman ways.
Roman Law: *Ius Civile*, *Ius Gentium*, and Citizenship
The ius civile, the law proper to the citizens of a *civitas*, was intrinsically linked to the *Populus Romanus*. The law of each community was applicable only to its members. Given the sacred and exclusive character of the ius civile* (*ius sacrum*), Rome created the *ius gentium*, established by judges but always inspired by the *ius civile*. When Rome began its territorial expansion beyond the Italian Peninsula, the number of changes required modifications in the design of the *ius civile*, creating new legal statutes.
Rome desired to make its citizenship desirable, viewing it as a privilege. Being a Roman citizen involved a series of legal and political advantages. Thus, the concept of “*Populus Romanus*” took on a political meaning. The concession of citizenship served Rome’s own purposes, acting as a link between Rome and all its empire. Granting citizenship led the *ius civile* towards a concept of territorial application of law.
It can be said that the granting of citizenship was the biggest Romanizing factor recognized by Rome.
The Juridical Process of Romanization
The process of juridical Romanization can be divided into two stages:
Stage 1: Early Concessions (218 BC – 73/74 AD)
During the first three centuries of the Roman presence in Hispania, Rome respected the different legal systems of the indigenous communities. The *ius civile* applied only to Roman citizens residing in Hispania. However, contingents of Latin and Italic troops did not, in any case, enjoy the fullness of Roman citizenship. In contrast, the first Roman colonies were hotbeds for the application of *ius civile*. From very early on, a policy of granting citizenship as a reward and recognition was practiced.
An important step towards obtaining citizenship was the *Lex Apuleia* (granting citizenship to three individuals per colony). Parallelly, Italic and Latin citizenship were used as rewards for prolonged military service or valiant actions. Given the large presence of Hispanic indigenous troops, some Hispanics were favored with citizenship. Similarly, the civil war between Caesar and Pompey served for many Hispanics to achieve said citizenship. It was used to attract Hispanics due to the need to replenish lost legions.
Stage 2: Vespasian’s Grant of Latin Rights (c. 73/74 AD)
Emperor Vespasian granted the *ius Latini* (Latin rights) to all inhabitants of Hispania. Why did Vespasian want to distinguish the inhabitants of Hispania from the other provinces? This fact is related to the revolt of Galba against Nero.
The grant of Latin rights and the subsequent process of municipalization detected in Hispanic provinces during the Flavian dynasty had a twofold purpose:
- Political: A unifying and interventionist policy.
- Military: To enable the army to be staffed with individuals of Latin status.
A secondary issue regarding the scope of this concession to Latin status is that it is unclear whether the grant of *ius Latini* was an individual privilege or if it was granted only to individuals already integrated into urban communities.