The Roman Empire and Court System: A Historical Overview
Item 5: Establishment of the Augustan System
In 27 BC, Gaius Octavius assumed the name Augustus Imperator Caesar Augustus. From 27 BC onward, he consolidated the Principality, and in 23 BC, a reform was made, granting him the Proconsular Empire for life. After 23 BC, he was given more powers as the highest authority. The judges were losing power while the emperor was gaining it, but they remained responsible for convening meetings. They were now solely responsible for ratifying the names that Augustus had put forth. The Senate, at the beginning of the Principality, was strong because Augustus reorganized it, cutting the number of senators but limiting it to only Roman citizens. Its role was to advise, but it was turning into a legislative body because it was acquiring the same power that laws had. The Prince, as Augustus, would engulf all powers. Problems arose when Augustus died without a clear succession plan. It appears that the Senate received the investiture, but in the end, it seems that it was also military power. Augustus had adopted Tiberius, who would be his successor. Then came the Flavian dynasty, followed by the Severan dynasty until the death of Alexander Severus in 235 AD. By the mid-third century, Rome was experiencing a socio-economic crisis. Agriculture was in decline, and large estates had emerged, resembling a semi-feudal system. The solution was to issue more coins. There was a crisis of moral and religious convictions because, in the year 212, Emperor Caracalla granted citizenship to all inhabitants of the empire. This led to a different influence than what they were used to, with the people of the East having a significant impact. Christianity brought a different God and a different mentality. This was coupled with a political and military crisis caused by barbarian invasions. Many power struggles arose, and emperors were being elected by the regions. There was a period of fighting until, in 284, a general named Diocletian was acclaimed and put an end to this confrontation. He decided on a reform, considering that the Empire was so large that it should be split into two: East and West. He created a tetrarchy, believing that there should be two people with power in the East and West, one being an Augustus and the other a Caesar. He became the Augustus of the East. He reorganized the army, strengthening the borders. These reforms, intended to give him a sacred character, were very expensive and deepened the monetary problem. In the 4th century, the two Augusti abdicated, and the Caesars took over, leading to a conflict between them, essentially a civil war. This conflict culminated in the year 313 with the Battle of Milvian Bridge. This battle led to the recognition of Christianity as the state religion. At this time, Constantine rebuilt Byzantium in the East, renaming the city Constantinople and establishing it as the capital. He divided the Empire into districts and put his sons in charge. When they left, the Empire eventually fell. There were times when the Empire was still united and others where it was split.
The Justinian Empire
Justinian’s reign began later, in the year 527 AD. He was the nephew of the Emperor of the East and was adopted by him. In 527, he assumed power. Justinian still held the Roman imperial idea alongside the imperial concepts of the East. He attempted to restore the Roman Empire, striving for territorial unity and the conquest of the Iberian Peninsula. He also tried to enforce the adoption of the Christian religion and, considering the law, attempted to unify it, ultimately failing to achieve territorial unity. It was he who codified Roman Law.
Item 7: The Court: Concept and Features
The court is the opinion of the jurisprudents. In classical times, we have a definition that describes it as the knowledge of divine and human things, the science of right and wrong. The pontiffs were in control of jurisprudence for over 100 years. These responses were given only to those who were interested, and these pontiffs kept their secrets very tightly. The loss of control by the pontiffs was due to the promulgation of the Twelve Tables, as well as a scribe writing the Legis Actionem. Finally, in the third century, a commoner was appointed pope, and he began to give his opinions in public. This first secular jurisprudence had three specific functions: Cavere, Agere, and Respondere.
- Cavere: To indicate how to perform a legal transaction.
- Agere: To tell the individuals concerned how to take action before a court.
- Respondere: To answer any legal advice.
Keep in mind that lawyers responded conditionally, and their response did not change the act nor the judge’s decision. Apart from this, the jurists created and adapted legal formulas and had several students who learned their law. In the Republican era, jurisprudence had an aristocratic character, but the law itself was for everyone. The lawyers were quite conservative. There are several stages:
- …
- …
- …
There were some prominent jurists in the Republican era, such as Appius Claudius, the Scaevola, and Quintus Mucius Scaevola. Then there are others better known, such as Trebatius Testa and Alfenus Varus, who are important because they were the teachers of the early jurists of the classical period. Testa was the teacher of Labeo, and Varus was the teacher of Capito. The classical period covers from 27 BC until the end of the Principate. In classical times, jurisprudence still had a more direct action than in the Republican era and had more influence because the Republicans had fallen, and the regulations that would have more strength in the imperial age were not yet born. The functions they performed were the same as the previous legal ones, and the strongest aspect was teaching students. This period has the characteristic of being conservative and focused on clarifying legal concepts. One important thing is that it was a practical law; lawyers did not create the law. They acted when an individual came to them with a problem and wanted solutions.
Classical Schools
There were three stages:
- From the year 27 to 96 AD: Julio-Claudian and Flavian dynasties.
- From approximately 96 to 192 AD: Antonine dynasty.
- From 192 to 235 AD: Severan dynasty.
In the first phase were the classical legal schools, where the disciples still followed a teacher. There were two major schools:
- The Proculians: Founded by Labeo, its best-known lawyers were Pegasus, Neratius Priscus, and Proculus.
- The Sabinians: Founded by Capito, its leading jurists were Sabinus, Masurius Sabinus, Javolenus Priscus, and Salvius Julianus.
It is believed that the Sabinians were more conservative than the Proculians; the Proculians were more innovative. The peak of the schools occurred during the time of Marcus Aurelius but disappeared during the time of Gaius. In this period, prominent jurists like Pomponius, Papinian, Ulpian, and Paul began systematic jurisprudence. They achieved great splendor because Augustus granted the main lawyers the ius respondendi ex auctoritate principis. This means that when the lawyer responded, it was as if the prince himself was answering. This ius respondendi had a potential problem: it might not be the same for all lawyers. Secondly, Prince Augustus created a consilium, a council of 15 lawyers to advise him and the judges. This monitoring was a form of respect based on the occupational prestige that lawyers had. They relied on ratio (reason) when giving their opinions because it seemed more logical. They made deductions that could be applied to different problems. They based their arguments on logic and legal interpretations of common language and the will of the person. They achieved great renown because they were adapting the rules to each situation.