Roman law Study Guide

📖 Core Concepts Roman law – legal system of ancient Rome (≈ 449 BCE – 529 CE); foundation for modern civil‑law traditions. Ius civilis – “citizen law”; statutes, edicts, and jurist writings that applied to Roman citizens. Ius gentium – “law of peoples”; rules governing foreigners and interactions between citizens and non‑citizens. Praetorian edicts – flexible, magistrate‑issued rules (ius honorarium) that supplemented the rigid ius civilis. Corpus Juris Civilis – Justinian’s 6th‑century codification (Code, Digest, Institutes, Novellae) that preserved Roman law. Three‑part classification of private law (Gaius): personae (persons), res (things), actiones (legal actions). Stipulatio – oral contract formed by a question‑and‑answer formula. Pater familias – head of the Roman family with patria potestas (authority over members). 📌 Must Remember Twelve Tables (mid‑5th c. BCE) = first written Roman law; focused on private law & procedure. Key Republican laws: Lex Canuleia (445 BCE, mixed marriage), Licinian Sextian (367 BCE, plebeian consul), Lex Hortensia (287 BCE, plebiscita binding), Lex Aquilia (286 BCE, ancestor of tort law). Standardized edict by Salvius Iulianus ≈ 130 CE → quasi‑code for praetors. Major codifications: Codex Theodosianus (438 CE), Corpus Juris Civilis (529‑534 CE). Legal actions: Rei vindicatio – claim to recover owned thing. Actio furti – personal action for theft. Condictio furtiva – damages when stolen item unrecovered. Actio legis Aquiliae – damages for injury to property/person. Ownership vs. possession: dominium (full ownership) ≠ possessio (physical control). Three procedural systems: Legis actiones (Twelve Tables → late 2nd c. BCE). Formulary system (Republic → AD 200). Cognitio extra ordinem (post‑classical, single‑phase magistrate review). 🔄 Key Processes Formation of a stipulatio contract Plaintiff asks: “Do you promise …?” Defendant answers: “I promise.” Mutual consent = enforceable contract. Praetorian edict development New praetor drafts edict → used during his term. Successful provisions retained by successors → edictum translaticium. Over time, creates a continuous body of praetoric law. Rei vindicatio procedure (Classical period) Plaintiff initiates legis actio (or later formulary). Plaintiff proves dominium (ownership). Defendant must return the res or surrender possession. Transition from formulary to cognitio Formulary: two‑phase (preliminary in iure then apud iudicem). Cognitio: magistrate conducts investigation, hears evidence, issues single judgment. 🔍 Key Comparisons Ius civilis vs. Ius gentium Ius civilis: applies only to Roman citizens; derived from statutes and edicts. Ius gentium: applies to foreigners and citizens alike; based on common customs of the Mediterranean world. Legis actiones vs. Formulary system Legis actiones: rigid, formalistic procedures; strict verbal formulas. Formulary: flexible, uses written formula to define issue; allows judicial discretion. Stipulatio vs. Modern written contract Stipulatio: oral, formal Q‑A; limited to certain persons (citizens). Modern contract: usually written, broader capacity, includes implied terms. ⚠️ Common Misunderstandings “Roman law only covered property” – false; it encompassed public law, family law, torts, contracts, and procedural rules. “All Romans could use the Twelve Tables” – only citizens; ius gentium covered non‑citizens. “Praetors created law arbitrarily” – they could only supplement civil law; successful edicts became part of the legal tradition. 🧠 Mental Models / Intuition Layered law model: imagine Roman law as three layers – ius scriptum (written statutes), ius non‑scriptum (customary), and ius honorarium (praetorian edicts) – each adds flexibility to the core. Family as a legal corporation: pater familias = CEO; patria potestas = absolute authority, making the family act as a single legal person. 🚩 Exceptions & Edge Cases Ius singulare – special statutes for particular groups (e.g., military wills) that override general rules. Citizenship restrictions – stipulatio required both parties to be cives; otherwise, contract fell under ius gentium or was void. Possession without ownership – a possessor could have usucapio (acquisitive prescription) to become owner after long, uninterrupted possession. 📍 When to Use Which Identify applicable law: If the issue concerns a Roman citizen → start with ius civilis (leges, senatus consulta). If involving foreigners or trade → apply ius gentium. Choose procedural system: Early Republic questions → legis actiones. Classical period disputes → formulary (use formula to frame issue). Post‑classical cases → cognitio (single‑phase magistrate judgment). Select legal action: Want to recover owned property → rei vindicatio. Seeking damages for theft where item unrecoverable → condictio furtiva. Claiming injury to person/property → actio legis Aquiliae. 👀 Patterns to Recognize “Law of the land” pattern: whenever a text mentions “lex”, “senatus consultum”, or “edict”, map it to the corresponding layer (written, senatorial, or praetorian). Action naming convention: actio + noun (e.g., actio furti) = personal remedy; rei + noun (e.g., rei vindicatio) = property‑based remedy. Status‑based rights: whenever “status” appears, think of the three pillars – citizenship, freedom, family position – which dictate capacity and obligations. 🗂️ Exam Traps Distractor: “The Twelve Tables covered criminal law.” – Trap: The Tables are primarily private law and civil procedure; criminal matters were largely unwritten. Distractor: “Only praetors could create new law.” – Trap: Praetors could only supplement civil law via edicts; they could not repeal statutes. Distractor: “Ius gentium applied exclusively to Greeks.” – Trap: It applied to all non‑Roman peoples, not just Greeks. Distractor: “Rei vindicatio can be used by anyone against any possessor.” – Trap: Only a cives with dominium could invoke it; non‑citizens used actio publiciana (not listed in outline). --- Study this guide repeatedly; focus on the core classifications, the evolution of procedural systems, and the hallmark legal actions – they are the high‑yield anchors for any Roman law exam.