Chapter 7: Crucial to any legal system is the plaintiff’s ability to get the defendant into court, and the supervision of the process in civil suits. In Rome the praetor decided if there was a case to answer, and presented a formula to the judge outlining the main issues. The formulary system was gradually superseded in the first century ad by cognitio, in which there was only one stage, before a magistrate, who heard the case himself and reached a judgement. Criminal cases were heard in public jury courts, and the charge was brought by a private individual (delator). Roman society was litigious, and it is useful to examine the experience of appearing in court, the place of the litigant, the availability and role of advocates, and the extent to which the state could ensure fairness in a system weighted in favour of the wealthy and the socially advantaged. State and citizen came in contact through the legal process and the courts.

Chapter 6 considers how the legal system dealt with theft, damage to property, personal insult, and violence, and how citizens obtained redress. The law of obligations is important since, for example, theft, the most common action that modern law defines under criminal law, was under Roman law a delict, prosecuted through action taken by the injured party on the basis of an obligation on the wrongdoer to make restitution. Therefore, the Romans distinguished between a delict and a crimen, which was punished by public penalty after formal trial. In the legal definition of unlawful killing, injury, outrage, and loss, concepts of negligence, deceit, and causation emerged in assessing responsibility. We then consider the definition of theft and robbery, the remedies available for plaintiffs, and the main criminal offences tried in the public jury courts. Those who did not conform with the religious establishment and social conventions, for example, magicians, Jews, and Christians, faced pursuit and prosecution.

Chapter 5 considers the legal definition of ownership and possession and how they were acquired and protected. Possession was important in that someone who had physical control of something, for example, a farm, could use the land and enjoy its fruits even though the property was formally owned by another. Having possession of an object brought significant benefits since it was an important step to proving and acquiring ownership by usucapio (that is, having it in your possession for at least two years in the case of immovables, one year for movables). The acquisition and distribution of land was part of the history of the republic, and the management of land, the designation of boundaries, the establishment of jurisdiction, and the resolution of disputes through the legal process remained important. We then consider the role of law in arranging farm tenancy and negotiating leases, and the position of urban landlords and tenants.

– second century; possibly pupil of Iulianus.

Chapter 1 examines the law’s role in defining status – free and unfree, male and female, citizen and non-citizen, including the acquisition, proof, and nature of citizenship, the position of Latins, the rights and responsibilities of citizens. Important routes to citizenship were grants by the emperor to individuals including soldiers in the auxiliary regiments, and groups or communities, and by manumission of slaves. This was a long-standing trend until Caracalla granted universal citizenship. The main social groups were senators and equites, but their status was hedged in by legal restrictions since Augustus placed great emphasis on social responsibility and the integrity of the upper classes. Outside this group the plebs and ex-slaves had a role to play, and the latter had a complicated position within the social hierarchy; often wealthy and successful (especially imperial freedmen) they were resented by the freeborn.

Chapter 8: In constitutional terms the emperor operated under the law and Tiberius noted the importance of the law in imperial actions, though it came to be accepted that emperors were also free from the constraint of the laws. The emperor, receiving his power by statute, could himself make law or change administrative procedures, which he did by edict or letter or suggestion or speech in the senate or by instructions to governors. The emperor was deeply involved in the process of the law by holding judicial hearings, dealing with appeals from Roman citizens on a capital charge, and responding to individual petitions from all over the empire on a wide range of issues both personal and legal; it was part of the emperor’s role to be accessible.

Chapter 3 considers the nature of provincial government, the role and legal responsibilities of governors, both legati Augusti and proconsuls, the management of Rome’s assets through the census and by direct intervention, for example, in managing the benefits and dangers of rivers. We look at the constitutions of municipia, and the nature of their laws and regulations, and Rome’s supervision of the infrastructure of local towns, and the consequences for local people. In the administration of justice there was a melding of local legal practice and Roman law. Did the Romans have an idea of what constituted fair and efficient government and how far did they achieve it? The evidence shows good intentions on the part of emperors and governors, but also many abuses, especially from the presence of soldiers, and problems in obtaining legal redress.

Roman legal texts open a view onto the life and society of the empire at its height, its management, its peoples, their activities, interrelations, and problems, and their experiences when facing the juristic power of the state and its officials. Now, the first step in the study of these texts is the identification of the sources of the law. Sources are defined first as the mechanisms by which the law was introduced and regarded as authoritative by the Romans, and second the legal works transmitted to us by writers and compilers in the ancient world, which have been translated and analysed by modern scholars. This introduction offers a brief overview of these topics and some of the issues associated with the use of legal texts in the study of Roman social, economic, and political history.

Chapter 4 considers the conduct of business within the framework of the law and upper-class ideology in honouring debts and protecting the family name. How were contracts arranged? How did buying and selling and letting and hiring take place? What protection was there for the buyer? How did the legal process assist this? What were the rules for partnerships? Especially important to the government were tax-collecting companies. There were rules for deposits and loans, for which a stipulatio could establish interest. Banks operated with clear rules for interest, and various types of security were available for loans. One man’s business could be conducted on his behalf by others, often by his son or household slave, but in the Roman concept of agency he could be sued to a limited extent by those who had lost out in the business. In the labour market there was very limited protection for employees.