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Roman Law

Since the days of the Law of the Twelve Tables, developed during the early republic, the Roman legal system was characterized by a formalism that lasted for more than 1,000 years.

Early Roman law was drawn from custom and statutes, but later during the times of the empire, the emperors asserted their authority as the ultimate source of law.

Their edicts, judgments, administrative instructions, and responses to petitions were all collected with the comments of legal scholars.

"What pleases the emperor has the force of law." As the law and scholarly commentaries on it expanded, the need grew to codify and to regularize conflicting opinions.

The basis for Roman law was the idea that the exact form, not the intention, of words or of actions produced legal consequences. Romans recognized that there are witnesses to actions and words, but not to intentions. Roman civil law allowed great flexibility in adopting new ideas or extending legal principles in the complex environment of the empire. Without replacing older laws, the Romans developed alternative procedures that allowed greater fairness.

For example, a Roman was entitled by law to make a will as he wished, but, if he did not leave his children at least 25 percent of his property, the magistrate would grant them an action to have the will declared invalid as an "irresponsible testament." Instead of simply changing the law to avoid confusion, the Romans preferred to humanize a rigid system by flexible adaptation.

It was not until much later in the 6th century AD that the emperor Justinian I, who ruled over the Byzantine Empire in the east, began to publish a comprehensive code of laws, collectively known as the Corpus Juris Civilis, but more familiarly as the Justinian Code.

The Ancient Roman law was one of the most original products from the Roman Empire!

Please use the links below to find out more information regarding the law in the time of the Romans, including a chronology and glossary.


Legal Institutional Chronology

A comprehensive list of key laws and legal proposals for the period of the Roman Republic, presented in chronological order.

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Index of Roman Laws

A selection of Roman laws in alphabetical order, with a description and the date introduced.

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Roman Law Glossary

A glossary of key Latin terms used in Roman legal matters.

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The Roman Twelve Tables of Law

The Twelve Tables of Law were a key step in creating a code of law which could be understood by all, and applied to all citizens. It provided the basis and principles of many laws in use today.

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The Roman Twelve Tables of Law
The Twelve Tables

The Twelve Tables are the first attempt to make a law code, and remained the only attempt for nearly one thousand years.

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Roman prisoner shackle
Roman Prisons

Typically, Roman prisons were not used to punish criminals, but instead served only to hold people awaiting trial or execution.

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Ancient Rome addressing the common people (plebs)
Tribunes of the Plebs

The Tribune of the Plebes (tribunus plebis) was a magistracy established in 494 BC. It was created to provide the people with a direct representative magistrate.

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Roman Emperor Augustus
The Deeds of the Divine Augustus

A copy of the acts of the Deified Augustus by which he placed the whole world under the sovereignty of the Roman people.

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The Government of the Roman Empire: A Sourcebook by Dr Barbara Levick
The Government of the Roman Empire: A Sourcebook
by Dr Barbara Levick

This book reveals how an empire that stretched from Glasgow to Aswan in Egypt could be ruled from a single city and still survive more than a thousand years.

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Empire of Honour: The Art of Government in the Roman World by J. E. Lendon
Empire of Honour: The Art of Government in the Roman World
by J. E. Lendon

This second edition includes a new introduction that explores the consequences for government and the governing classes of the replacement of the Republic by the rule of emperors.

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Roman Government's Response to Crisis, A.D.235-337 by Ramsay MacMullen
Roman Government's Response to Crisis, A.D.235-337
by Ramsay MacMullen

During the period, the government of the Roman empire met the most prolonged crisis of its history and survived. This text is an early attempt at an inclusive study of the origins and evolutions of this transformation in the ancient world.

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Swords Against The Senate: The Rise Of The Roman Army And The Fall Of The Republic by Erik Hildinger
Swords Against The Senate: The Rise Of The Roman Army And The Fall Of The Republic
by Erik Hildinger

Swords Against the Senate describes the first three decades of Rome's century-long civil war that transformed it from a republic to an imperial autocracy, from the Rome of citizen leaders to the Rome of decadent emperor thugs.

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Augustus, First Roman Emperor: Power, Propaganda and the Politics of Survival by Matthew D. H. Clark
Augustus, First Roman Emperor: Power, Propaganda and the Politics of Survival
by Matthew D. H. Clark

Rome's first emperor, Augustus, the adopted son of Julius Caesar, has probably had the most lasting effect on history of all rulers of the classical world. This book focuses on his rise to power and on the ways in which he then maintained authority throughout his reign.

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How Did the Political Structure in Rome influence U.S. Political Structure?
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When was Rome the Most Just and Fair?
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Heads of State in Ancient Rome
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Would the Republic Have Survived Had They Served a 2nd Course?
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Can Anyone Tell Me About The 1st Triumvirate?
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Did the Emperors Bring About the Need for a Split Empire?
CLICK HERE TO VIEW DISCUSSION

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