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Jurisprudence is the philosophy and theory of law. It is concerned primarily with both what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics.
The Roman Empire was the post-Republican state of ancient Rome. It is generally understood to mean the period and territory ruled by the Romans following Octavian's assumption of sole rule under the Principate in 27 BC. It included territories in Europe, North Africa, and Western Asia and was ruled by emperors. The fall of the Western Roman Empire in 476 AD conventionally marks the end of classical antiquity and the beginning of the Middle Ages.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.
Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.
The pater familias, also written as paterfamilias, was the head of a Roman family. The pater familias was the oldest living male in a household, and could legally exercise autocratic authority over his extended family. The term is Latin for "father of the family" or the "owner of the family estate". The form is archaic in Latin, preserving the old genitive ending in -ās, whereas in classical Latin the normal first declension genitive singular ending was -ae. The pater familias always had to be a Roman citizen.
The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.
Citizenship in ancient Rome was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in ancient Rome was complex and based upon many different laws, traditions, and cultural practices. There existed several different types of citizenship, determined by one's gender, class, and political affiliations, and the exact duties or expectations of a citizen varied throughout the history of the Roman Empire.
The Codex Theodosianus was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 and the compilation was published by a constitution of 15 February 438. It went into force in the eastern and western parts of the empire on 1 January 439. The original text of the codex is also found in the Breviary of Alaric, promulgated on 2 February 506.
Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may be used only when the plaintiff owns the thing, and the defendant has wrongly claimed or assumed possession of the same thing, and is currently impeding the plaintiff's possession of the thing. The term originated in ancient Rome.
The ius gentium or jus gentium is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ius gentium is not a body of statute law nor a legal code, but rather customary law thought to be held in common by all gentes in "reasoned compliance with standards of international conduct".
In Roman law, status describes a person's legal status. The individual could be a Roman citizen, unlike foreigners; or he could be free, unlike slaves; or he could have a certain position in a Roman family either as head of the family, or as a lower member.
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Slavery in ancient Rome played an important role in society and the economy. Unskilled or low-skill slaves labored in the fields, mines, and mills with few opportunities for advancement and little chance of freedom. Skilled and educated slaves—including artisans, chefs, domestic staff and personal attendants, entertainers, business managers, accountants and bankers, educators at all levels, secretaries and librarians, civil servants, and physicians—occupied a more privileged tier of servitude and could hope to obtain freedom through one of several well-defined paths with protections under the law. The possibility of manumission and subsequent citizenship was a distinguishing feature of Rome's system of slavery, resulting in a significant and influential number of freedpersons in Roman society.
An amanuensis is a person employed to write or type what another dictates or to copy what has been written by another. An amanuensis may also be a person who signs a document on behalf of another under the latter's authority.
Religio licita is a phrase used in the Apologeticum of Tertullian to describe the special status of the Jews in the Roman Empire. It was not an official term in Roman law.
Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.
Res extra commercium is a doctrine originating in Roman law, holding that certain things may not be the object of private rights, and are therefore insusceptible to being traded. The doctrine encompasses entities such as humans, public areas, organs, citizenship, and prostitution, and is an exception to the general principle of freedom of contract.
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.
The Lex Pompeia de Transpadanis was a Roman law promulgated by the Roman Consul Pompeius Strabo in 89 BC. It was one of three laws introduced by the Romans during the Social War between Rome and her Socii (allies), where some of Rome's Italic allies rebelled and waged war against her because of her refusal to grant them Roman citizenship. This law dealt with the local communities in Transpadana, the region north of the River Po,. It granted Latin Rights to these peoples as a reward for siding with the Rome during the Social War. This gave the inhabitants of the region the legal benefits associated with these rights, which were previously restricted to the towns of Latium which had not been incorporated into the Roman Republic and to the citizens of Latin colonies. They included: A) Ius Commercii, "a privilege granted to Latin colonies to have contractual relations, to trade with Roman citizens on equal terms and to use the form of contracts available to Roman citizens". It also allowed contracts and trade on equal terms with citizens of another Latin towns. B) Ius Connubii, was the right to conclude a marriage recognised by law, ius connubii of both parties was necessary for the validity of the marriage. Later it was extended to citizens of foreign communities "either generally, or by special concession". In the case of Latin rights it made marriages between citizens of different Latin towns legal. C) Ius migrationis, the right to retain one’s level of citizenship if the individual relocated to another city. In other words, it facilitated migration by the acquisition of citizenship of another Latin town. In addition to this, the law granted Roman citizenship to the magistrates (officials) of the local towns.
In ancient Rome, contubernium was a quasi-marital relationship between two slaves or between a slave (servus) and a free citizen who was usually a former slave or the child of a former slave. A slave involved in such a relationship was called contubernalis, the basic and general meaning of which was "companion".
References
- ↑ Berger, Adolf (1968). Encyclopedic Dictionary of Roman Law. unknown library. American Philosophical Society.
- ↑ Stagl, Jakob Fortunat (2023-03-06), "Favor libertatis: Slaveholders as Freedom Fighters", Favor libertatis: Slaveholders as Freedom Fighters, De Gruyter, p. 223, doi:10.1515/9783110987195-008/html, ISBN 978-3-11-098719-5 , retrieved 2024-04-29
- ↑ Berger 1968, p. 533s.v. ius singulare
- ↑ Berger 1968, p. 651s.v. privilegium
- ↑ Stagl 2023, p. 222.
- ↑ Stagl 2023, pp. 222–223citing Digest 1.3.15
- ↑ Stagl 2023, pp. 234–235.