154-578: The Breviary of Alaric ( Breviarium Alaricianum or Lex Romana Visigothorum ) is a collection of Roman law , compiled by Roman jurists and issued by referendary Anianus on the order of Alaric II , King of the Visigoths , with the approval of his bishops and nobles. It was promulgated on 2 February 506, the 22nd year of his reign. It applied, not to the Visigothic nobles who lived under their own law , which had been formulated by Euric , but to
308-432: A Roman citizen ( status civitatis ) unlike foreigners, or he could have been free ( status libertatis ) unlike slaves, or he could have had a certain position in a Roman family ( status familiae ) either as the head of the family ( pater familias ), or some lower member alieni iuris (one who lives under someone else's law). The history of Roman Law can be divided into three systems of procedure: that of legis actiones ,
462-521: A Roman invasion. King Gaiseric tried to negotiate a peace with Majorian, who rejected the proposal. In the wake of this, Gaiseric devastated Mauretania , part of his own kingdom, fearing that the Roman army would land there. Having regained control of Hispania, Majorian intended to use his fleet at Carthaginiensis to attack the Vandals. Before he could, the fleet was destroyed, allegedly by traitors paid by
616-401: A Roman male citizen. The parties could agree on a judge, or they could appoint one from a list, called album iudicum . They went down the list until they found a judge agreeable to both parties, or if none could be found they had to take the last one on the list. No one had a legal obligation to judge a case. The judge had great latitude in the way he conducted the litigation. He considered all
770-555: A West continued, as happened after the deaths of Constantine and Theodosius I . The Roman Empire was under the rule of a single emperor, but, with the death of Constantine in 337, the empire was partitioned between his surviving male heirs. Constantius , his third son and the second by his wife Fausta (Maximian's daughter) received the eastern provinces, including Constantinople, Thrace , Asia Minor , Syria , Egypt , and Cyrenaica; Constantine II received Britannia, Gaul , Hispania, and Mauretania ; and Constans , initially under
924-633: A candidate of their own, Julius Nepos , magister militum in Dalmatia . With the support of Eastern emperors Leo II and Zeno , Julius Nepos crossed the Adriatic Sea in the spring of 474 to depose Glycerius. At the arrival of Nepos in Italy, Glycerius abdicated without a fight and was allowed to live out his life as the Bishop of Salona . The brief rule of Nepos in Italy ended in 475 when Orestes ,
1078-405: A complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law . Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure . Among the most consequential laws passed during the early Republic were
1232-487: A distinct imperial succession in the separate courts. The terms Western Roman Empire and Eastern Roman Empire were coined in modern times to describe political entities that were de facto independent; contemporary Romans did not consider the Empire to have been split into two empires but viewed it as a single polity governed by two imperial courts for administrative expediency. The Western Empire collapsed in 476, and
1386-443: A financial account, Valentinian suddenly leaped from his seat and declared that he would no longer be the victim of Aetius' drunken depravities. Aetius attempted to defend himself from the charges, but Valentinian drew his sword and struck the weaponless Aetius on the head, killing him on the spot. On 16 March the following year, Valentinian himself was killed by supporters of the dead general, possibly acting for Petronius Maximus. With
1540-537: A former secretary of Attila and the magister militum of Julius Nepos, took control of Ravenna and forced Nepos to flee by ship to Dalmatia . Later in the same year, Orestes crowned his own young son as Western emperor under the name Romulus Augustus . Romulus Augustus was not recognised as Western emperor by the Eastern Court, who maintained that Nepos was the only legal Western emperor, reigning in exile from Dalmatia . On 4 September 476, Odoacer , leader of
1694-560: A long-term territorial and official base, but was never able to do so. Stilicho tried to defend Italy and bring the invading Goths under control, but to do so he stripped the Rhine frontier of troops and the Vandals , Alans , and Suevi invaded Gaul in large numbers in 406. Stilicho became a victim of court intrigues and was killed in 408. While the East began a slow recovery and consolidation,
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#17327733685171848-617: A partial list of its consuls still survives. It maintained Roman religion, language, and culture, and was far more concerned with fighting the Germanic tribes , fending off Germanic incursions and restoring the security the Gallic provinces had enjoyed in the past, than in challenging the Roman central government. In the reign of Claudius Gothicus (268–270), large expanses of the Gallic Empire were restored to Roman rule. At roughly
2002-481: A pragmatic emperor might hold some members of the general's family hostage . To this end, Nero effectively held Domitian and Quintus Petillius Cerialis , Governor of Ostia , who were respectively the younger son and brother-in-law of Vespasian. Nero's rule was ended by a revolt of the Praetorian Guard , who had been bribed in the name of Galba . The Praetorian Guard, a figurative "sword of Damocles ",
2156-480: A pretense of Roman continuity through the continued use of the old Roman administrative systems and nominal subservience to the Eastern Roman court. In the 6th century, Emperor Justinian I re-imposed direct Imperial rule on large parts of the former Western Roman Empire, including the prosperous regions of North Africa , the ancient Roman heartland of Italy and parts of Hispania . Political instability in
2310-552: A second decemvirate ever took place. The decemvirate of 451 BC is believed to have included the most controversial points of customary law, and to have assumed the leading functions in Rome. Furthermore, questions concerning Greek influence on early Roman Law are still much discussed. Many scholars consider it unlikely that the patricians sent an official delegation to Greece, as the Latin historians believed. Instead, those scholars suggest,
2464-525: A series of puppet emperors who could do little to halt the collapse of Roman authority and the loss of the territories re-conquered by Majorian. The first of these puppet emperors, Libius Severus , had no recognition outside of Italy, with the Eastern emperor Leo I and provincial governors in Gaul and Illyria all refusing to recognize him. Severus died in 465 and Leo I, with the consent of Ricimer, appointed
2618-420: Is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing. The plaintiff could also institute an actio furti (a personal action) to punish the defendant. If the thing could not be recovered, the plaintiff could claim damages from
2772-577: Is believed that Roman law is rooted in the Etruscan religion , emphasizing ritual. The first legal text is the Law of the Twelve Tables , dating from the mid-fifth century BC. The plebeian tribune, C. Terentilius Arsa, proposed that the law should be written in order to prevent magistrates from applying the law arbitrarily. After eight years of political struggle, the plebeian social class convinced
2926-542: Is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law . After the dissolution of the Western Roman Empire , the Roman law remained in effect in the Eastern Roman Empire . From the 7th century onward, the legal language in the East was Greek. Roman law also denoted the legal system applied in most of Western Europe until
3080-461: Is said to have published around the year 300 BC the formularies containing the words which had to be spoken in court to begin a legal action. Before the time of Flavius, these formularies are said to have been secret and known only to the priests. Their publication made it possible for non-priests to explore the meaning of these legal texts. Whether or not this story is credible, jurists were active and legal treatises were written in larger numbers before
3234-576: Is the legal system of ancient Rome , including the legal developments spanning over a thousand years of jurisprudence , from the Twelve Tables ( c. 449 BC ), to the Corpus Juris Civilis (AD 529) 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
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#17327733685173388-477: Is traditionally the part of the law that changes least. For example, Constantine started putting restrictions on the ancient Roman concept of patria potestas , the power held by the male head of a family over his descendants, by acknowledging that persons in potestate , the descendants, could have proprietary rights. He was apparently making concessions to the much stricter concept of paternal authority under Greek-Hellenistic law. The Codex Theodosianus (438 AD)
3542-626: The Institutes of Gaius, it was the only known work containing the institutional writings of Gaius , an important ancient Roman jurist. The Breviary had the effect of preserving the traditions of Roman law in Aquitania and Gallia Narbonensis , which became both Provence and Septimania , thus reinforcing their sense of enduring continuity, broken in the Frankish north. The Breviary of Alaric comprises: Roman law Roman law
3696-594: The Lex Canuleia (445 BC), which allowed marriage ( conubium ) between patricians and plebeians ; the Leges Liciinae Sextiae (367 BC), which restricted the amount of public land ( ager publicus ) that any citizen could occupy, and stipulated that one of the two annual consuls must be plebeian; the Lex Ogulnia (300 BC), which permitted plebeians to hold certain priestly offices; and
3850-582: The Lex Hortensia (287 BC), which stated that the determinations of plebeian assemblies (plebiscita) would henceforth be binding on the entire populus Romanus , both patricians and plebeians. Another important statute from the Republican era is the Lex Aquilia of 286 BC, which may be regarded as the root of modern tort law . Rome's most important contribution to European legal culture
4004-603: The Battle of Actium and Mark Antony 's suicide, what was left of the Roman constitution died along with the Republic. The first Roman emperor , Augustus , attempted to manufacture the appearance of a constitution that still governed the Empire, by utilising that constitution's institutions to lend legitimacy to the Principate , e.g., reusing prior grants of greater imperium to substantiate Augustus' greater imperium over
4158-518: The Battle of Mursa Major and committed suicide, a complete reunification of the whole Empire occurred under Constantius in 353. Constantius II focused most of his power in the East. Under his rule, the city of Byzantium – only recently re-founded as Constantinople – was fully developed as a capital. At Constantinople, the political, economic and military control of the Eastern Empire's resources would remain safe for centuries to come. The city
4312-519: The Battle of Ravenna , the Roman army in the West suffered defeat at the hands of Odoacer and his Germanic foederati . Odoacer forced the abdication of the emperor Romulus Augustulus and became the first King of Italy . In 480, following the assassination of the previous Western emperor Julius Nepos , the Eastern emperor Zeno dissolved the Western court and proclaimed himself the sole emperor of
4466-479: The Battle of Samarra against the Sasanian Empire and was succeeded by Jovian , who ruled for only nine months. Following the death of Jovian, Valentinian I emerged as emperor in 364. He immediately divided the Empire once again, giving the eastern half to his brother Valens . Stability was not achieved for long in either half, as the conflicts with outside forces (barbarian tribes) intensified. In 376,
4620-460: The Domain of Soissons ) also recognized Nepos as his sovereign and the legitimate Western emperor. The authority of Julius Nepos as emperor was accepted not only by Odoacer in Italy, but by the Eastern Empire and Syagrius in Gaul (who had not recognized Romulus Augustulus). Nepos was murdered by his own soldiers in 480, a plot some attribute to Odoacer or the previous, deposed emperor Glycerius, and
4774-697: The Frankish king Charlemagne as Roman Emperor in 800 marked a new imperial line that would evolve into the Holy Roman Empire , which presented a revival of the Imperial title in Western Europe but was in no meaningful sense an extension of Roman traditions or institutions. The Great Schism of 1054 between the churches of Rome and Constantinople further diminished any authority the emperor in Constantinople could hope to exert in
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4928-623: The French civil code came into force. In the course of the 19th century, many European states either adopted the French model or drafted their own codes. In Germany, the political situation made the creation of a national code of laws impossible. From the 17th century, Roman law in Germany had been heavily influenced by domestic (customary) law, and it was called usus modernus Pandectarum . In some parts of Germany, Roman law continued to be applied until
5082-580: The Gildonic War . Stilicho managed to subdue Gildo but was campaigning in Raetia when the Visigoths entered Italy in 402. Stilicho, hurrying back to aid in defending Italy, summoned legions in Gaul and Britain with which he managed to defeat Alaric twice before agreeing to allow him to retreat back to Illyria . The weakening of the frontiers in Britain and Gaul had dire consequences for the Empire. As
5236-659: The Hispano-Roman and Gallo-Roman population, living under Visigoth rule south of the Loire and, in Book 16, to the members of the trinitarian Catholic Church ; the Visigoths were Arian and maintained their own clergy. It is termed a code ( codex ), in the certificate of Anianus , the king's referendary, but unlike the code of Justinian , from which the writings of jurists were excluded, it comprises both imperial constitutions ( leges ) and juridical treatises ( jura ). From
5390-417: The Principate in 27 BC. In the period between about 201 to 27 BC, more flexible laws develop to match the needs of the time. In addition to the old and formal ius civile a new juridical class is created: the ius honorarium , which can be defined as "The law introduced by the magistrates who had the right to promulgate edicts in order to support, supplement or correct the existing law." With this new law
5544-523: The Roman Senate . Though supported by the Gallic provinces and the Visigoths, Avitus was resented in Italy due to ongoing food shortages caused by Vandal control of trade routes, and for using a Visigothic imperial guard. He disbanded his guard due to popular pressure, and the Suebian general Ricimer used the opportunity to depose Avitus, counting on popular discontent. After the deposition of Avitus,
5698-662: The Second Tetrarchy . The Tetrarchy collapsed after the unexpected death of Constantius in 306. His son, Constantine , was declared Western emperor by the British legions, but several other claimants arose and attempted to seize the Western Empire. In 308, Galerius revived the Tetrarchy by dividing the Western Empire between Constantine and Licinius . However, Constantine was more interested in conquering
5852-528: The Temple of Jupiter Optimus Maximus . The severity of the Vandal sack of 455 is disputed, though with the Vandals plundering the city for a full fourteen days as opposed to the Visigothic sack of 410, where the Visigoths only spent three days in the city, it was likely more thorough. Avitus , a prominent general under Petronius, was proclaimed emperor by the Visigothic king Theodoric II and accepted as such by
6006-632: The Visigoths , fleeing before the Ostrogoths , who in turn were fleeing before the Huns , were allowed to cross the river Danube and settle in the Balkans by the Eastern government. Mistreatment caused a full-scale rebellion, and in 378 they inflicted a crippling defeat on the Eastern Roman field army in the Battle of Adrianople , in which Emperor Valens also died. The defeat at Adrianople was shocking to
6160-463: The Western Roman Empire was the western provinces of the Roman Empire , collectively, during any period in which they were administered separately from the eastern provinces by a separate, independent imperial court. Particularly during the period from AD 395 to 476, there were separate, coequal courts dividing the governance of the empire into the Western provinces and the Eastern provinces with
6314-552: The ecclesiastical courts and, less directly, through the development of the equity system. In addition, some concepts from Roman law made their way into the common law. Especially in the early 19th century, English lawyers and judges were willing to borrow rules and ideas from continental jurists and directly from Roman law. The practical application of Roman law, and the era of the European Ius Commune , came to an end when national codifications were made. In 1804,
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6468-467: The formulary system , and cognitio extra ordinem . The periods in which these systems were in use overlapped one another and did not have definitive breaks, but it can be stated that the legis actio system prevailed from the time of the XII Tables (c. 450 BC) until about the end of the 2nd century BC, that the formulary procedure was primarily used from the last century of the Republic until the end of
6622-410: The imperial provinces and the prorogation of different magistracies to justify Augustus' receipt of tribunician power. The belief in a surviving constitution lasted well into the life of the Roman Empire . Stipulatio was the basic form of contract in Roman law. It was made in the format of question and answer. The precise nature of the contract was disputed, as can be seen below. Rei vindicatio
6776-548: The lingua franca . Octavian obtained the Roman provinces of the West: Italia (modern Italy), Gaul (modern France), Gallia Belgica (parts of modern Belgium, the Netherlands and Luxembourg ), and Hispania (modern Spain and Portugal). These lands also included Greek and Carthaginian colonies in the coastal areas, though Celtic tribes such as Gauls and Celtiberians were culturally dominant. Lepidus received
6930-471: The patricians to send a delegation to Athens to copy the Laws of Solon ; they also dispatched delegations to other Greek cities for a like reason. In 451 BC, according to the traditional story (as Livy tells it), ten Roman citizens were chosen to record the laws, known as the decemviri legibus scribundis . While they were performing this task, they were given supreme political power ( imperium ), whereas
7084-423: The 2nd century BC. Among the famous jurists of the republican period are Quintus Mucius Scaevola , who wrote a voluminous treatise on all aspects of the law, which was very influential in later times, and Servius Sulpicius Rufus , a friend of Marcus Tullius Cicero . Thus, Rome had developed a very sophisticated legal system and a refined legal culture when the Roman republic was replaced by the monarchical system of
7238-498: The 3rd and 5th centuries. Some emperors, such as Constantine I and Theodosius I , governed, if briefly, as the sole Augustus across the Roman Empire. On the death of Theodosius in 395, the empire was divided between his two infant sons, with Honorius as his successor in the West governing briefly from Mediolanum then from Ravenna , and Arcadius as his successor in the East governing from Constantinople . In 476, after
7392-552: The 3rd century. This system effectively divided the Empire into four major regions, the First Tetrarchy : in the West, Maximian made Mediolanum (now Milan ) his capital, and Constantius made Trier his. In the East, Galerius made his capital Sirmium and Diocletian made Nicomedia his. On 1 May 305, Diocletian and Maximian abdicated, replaced by Galerius and Constantius, who, in turn, appointed Maximinus II and Valerius Severus , respectively, as their caesars, thus creating
7546-402: The Eastern emperor Leo I did not select a new western Augustus . The prominent general Majorian defeated an invading force of Alemanni and was subsequently proclaimed Western emperor by the army and eventually accepted as such by Leo. Majorian was the last Western emperor to attempt to recover the Western Empire with his own military forces. To prepare, Majorian significantly strengthened
7700-493: The Eastern emperor Theodosius I restored him to power. In 392, the Frankish and pagan magister militum Arbogast assassinated Valentinian II and proclaimed an obscure senator named Eugenius as emperor. In 394 the forces of the two halves of the Empire again clashed with great loss of life. Again Theodosius I won, and he briefly ruled a united Empire until his death in 395. He was the last emperor to rule both parts of
7854-416: The Eastern emperor Zeno chose not to appoint a new Western emperor. Zeno, recognizing that no true Roman control remained over the territories legally governed by the Western court, instead chose to abolish the juridical division of the position of emperor and declared himself the sole emperor of the Roman Empire. Zeno became the first sole Roman emperor since the division after Theodosius I, 85 years prior, and
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#17327733685178008-401: The Eastern heartlands, combined with foreign invasions, plague, and religious differences, made efforts to retain control of these territories difficult and they were gradually lost for good. Though the Eastern Empire retained territories in the south of Italy until the eleventh century, the influence that the Empire had over Western Europe had diminished significantly. The papal coronation of
8162-587: The Empire expanded, two key frontiers revealed themselves. In the West, behind the rivers Rhine and Danube , Germanic tribes were an important enemy. Augustus, the first emperor, had tried to conquer them but had pulled back after the disastrous Battle of the Teutoburg Forest . Whilst the Germanic tribes were formidable foes, the Parthian Empire in the East presented the greatest threat to
8316-468: The Empire. Aetius transferred his forces to the Danube, though Attila concentrated on raiding the Eastern Roman provinces in the Balkans, providing temporary relief to the Western Empire. In 449, Attila received a message from Honoria , Valentinian III's sister, offering him half the western empire if he would rescue her from an unwanted marriage that her brother was forcing her into. With a pretext to invade
8470-481: The Empire. Conquered tribes or oppressed cities would revolt, and the legions would be detached to crush the rebellion. While this process was simple in peacetime, it could be considerably more complicated in wartime. In a full-blown military campaign , the legions were far more numerous – as, for example, those led by Vespasian in the First Jewish–Roman War . To ensure a commander's loyalty,
8624-475: The Empire. The Parthians were too remote and powerful to be conquered and there was a constant Parthian threat of invasion. The Parthians repelled several Roman invasions, and even after successful wars of conquest, such as those implemented by Trajan or Septimius Severus , the conquered territories were forsaken in attempts to ensure a lasting peace with the Parthians. The Parthian Empire would be succeeded by
8778-589: The Gallo-Roman senator Jovinus revolted after proclaiming himself emperor, with the support of the Gallic nobility and the barbarian Burgundians and Alans. Honorius turned to the Visigoths under King Athaulf for support. Athaulf defeated and executed Jovinus and his proclaimed co-emperor Sebastianus in 413, around the same time as another usurper arose in Africa , Heraclianus . Heraclianus attempted to invade Italy but failed and retreated to Carthage, where he
8932-506: The German civil code ( Bürgerliches Gesetzbuch , BGB) went into effect in 1900. Colonial expansion spread the civil law system. Today, Roman law is no longer applied in legal practice, even though the legal systems of some countries like South Africa and San Marino are still based on the old jus commune . However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with
9086-509: The German provinces – rebelled, and his assault on Colonia Agrippina resulted in the deaths of Saloninus and the prefect. In the confusion that followed, an independent state known in modern historiography as the Gallic Empire emerged. Its capital was Augusta Treverorum (modern Trier ), and it quickly expanded its control over the German and Gaulish provinces, all of Hispania and Britannia . It had its own senate , and
9240-536: The Germanic foederati in Italy, captured Ravenna, killed Orestes and deposed Romulus. Though Romulus was deposed, Nepos did not return to Italy and continued to reign as Western emperor from Dalmatia , with support from Constantinople. Odoacer proclaimed himself ruler of Italy and began to negotiate with the Eastern emperor Zeno . Zeno eventually granted Odoacer patrician status as recognition of his authority and accepted him as his viceroy of Italy. Zeno, however, insisted that Odoacer had to pay homage to Julius Nepos as
9394-476: The Germanic kings, however, the influence of early Eastern Roman codes on some of these is quite discernible. In many early Germanic states, Roman citizens continued to be governed by Roman laws for quite some time, even while members of the various Germanic tribes were governed by their own respective codes. The Codex Justinianus and the Institutes of Justinian were known in Western Europe, and along with
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#17327733685179548-616: The Hun homelands along the Danube, forced Attila to turn back and leave Italy. When Attila died unexpectedly in 453, the power struggle that erupted between his sons ended the threat posed by the Huns. Valentinian III was intimidated by Aetius and was encouraged by the Roman senator Petronius Maximus and the chamberlain Heraclius to assassinate him. When Aetius was at court in Ravenna delivering
9702-452: The Hunnic forces, though Attila escaped. Attila regrouped and invaded Italy in 452. With Aetius not having enough forces to attack him, the road to Rome was open. Valentinian sent Pope Leo I and two leading senators to negotiate with Attila. This embassy, combined with a plague among Attila's troops, the threat of famine, and news that the Eastern emperor Marcian had launched an attack on
9856-831: The Isaurian issued a new code, the Ecloga , in the early 8th century. In the 9th century, the emperors Basil I and Leo VI the Wise commissioned a combined translation of the Code and the Digest, parts of Justinian's codes, into Greek, which became known as the Basilica . Roman law as preserved in the codes of Justinian and in the Basilica remained the basis of legal practice in Greece and in
10010-509: The Middle Ages. Roman law regulated the legal protection of property and the equality of legal subjects and their wills, and it prescribed the possibility that the legal subjects could dispose their property through testament. By the middle of the 16th century, the rediscovered Roman law dominated the legal practice of many European countries. A legal system, in which Roman law was mixed with elements of canon law and of Germanic custom, especially feudal law , had emerged. This legal system, which
10164-488: The Rhine frontier in the 4th century, when Trier frequently served as a military capital of sorts for the Empire. Many leading Western generals were barbarians . The reign of Honorius was, even by Western Roman standards, chaotic and plagued by both internal and external struggles. The Visigothic foederati under Alaric, magister militum in Illyricum , rebelled in 395. Gildo , the Comes Africae and Magister utriusque militiae per Africam , rebelled in 397 and initiated
10318-411: The Roman Empire before the West fragmented and collapsed. Theodosius I's older son Arcadius inherited the eastern half while the younger Honorius got the western half. Both were still minors and neither was capable of ruling effectively. Honorius was placed under the tutelage of the half-Roman/half-barbarian magister militum Flavius Stilicho , while Rufinus became the power behind the throne in
10472-431: The Roman Empire sank into a 50-year period of civil war now known as the Crisis of the Third Century. During this period, the Empire saw the combined pressures of barbarian invasions and migrations into Roman territory, civil wars, peasant rebellions and political instability, with multiple usurpers competing for power. The idea of dividing the empire was first developed in this time; Valerian and his son Gallienus divided
10626-433: The Roman Empire. The date of 476 was popularized by the 18th-century British historian Edward Gibbon as a demarcating event for the fall of the Western Roman Empire and is sometimes used to mark the transition from Antiquity to the Middle Ages . Odoacer's Italy and other barbarian kingdoms , many of them representing former Western Roman allies that had been granted lands in return for military assistance, would maintain
10780-460: The Roman civil law ( ius civile Quiritium ) that applied only to Roman citizens, and was bonded to religion; undeveloped, with attributes of strict formalism, symbolism, and conservatism, e.g. the ritual practice of mancipatio (a form of sale). The jurist Sextus Pomponius said, "At the beginning of our city, the people began their first activities without any fixed law, and without any fixed rights: all things were ruled despotically, by kings". It
10934-405: The Roman tradition. Rather, the provisions of the Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of the Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions . In this context, the annual International Roman Law Moot Court
11088-753: The Romanized population subject to invasions, first by the Picts and then by the Saxons , Angli , and the Jutes who began to settle permanently from about 440 onwards. After Honorius accepted Constantine as co-emperor, Constantine's general in Hispania, Gerontius , proclaimed Maximus as emperor. With the aid of general Constantius , Honorius defeated Gerontius and Maximus in 411 and shortly thereafter captured and executed Constantine III. With Constantius back in Italy,
11242-556: The Romans acquired Greek legislations from the Greek cities of Magna Graecia , the main portal between the Roman and Greek worlds. The original text of the Twelve Tables has not been preserved. The tablets were probably destroyed when Rome was conquered and burned by the Gauls in 387 BC. The fragments which did survive show that it was not a law code in the modern sense. It did not provide
11396-505: The Romans, and forced them to negotiate with and settle the Visigoths within the borders of the Empire, where they would become semi-independent foederati under their own leaders. More than in the East, there was also opposition to the Christianizing policy of the emperors in the western part of the Empire. In 379, Valentinian I's son and successor Gratian declined to wear the mantle of Pontifex Maximus , and in 382 he rescinded
11550-546: The Sasanian Empire, which continued hostilities with the Roman Empire. Controlling the western border of Rome was reasonably easy because it was relatively close to Rome itself and also because of the disunity among the Germans. However, controlling both frontiers simultaneously during wartime was difficult. If the emperor was near the border in the East, the chances were high that an ambitious general would rebel in
11704-478: The Senate controlled the treasury; and the consuls had the highest juridical power. By the middle of the 3rd century, the conditions for the flourishing of a refined legal culture had become less favourable. The general political and economic situation deteriorated as the emperors assumed more direct control of all aspects of political life. The political system of the Principate , which had retained some features of
11858-474: The Tetrici were pardoned, although they were first paraded in a triumph. Diocletian divided the Roman Empire when, in 286, he elevated Maximian to the rank of Augustus (emperor) and gave him control of the Western Empire, while he continued to rule the East. In 293, Galerius and Constantius Chlorus were appointed as their subordinate ( caesars ), as a way to avoid the civil unrest that had marked
12012-541: The Vandals and Africa. Not only did the Vandals pose a constant danger to coastal Italy and trade in the Mediterranean, but the province they ruled was economically vital to the survival of the West. Majorian began a campaign to fully reconquer Hispania to use it as a base for the reconquest of Africa. Throughout 459, Majorian campaigned against the Suebi in northwestern Hispania. The Vandals began to increasingly fear
12166-429: The Vandals, Alans and Suebi , to cross the river and enter Roman territory in 406. Honorius was convinced by the minister Olympius that Stilicho was conspiring to overthrow him, and so arrested and executed Stilicho in 408. Olympius headed a conspiracy that orchestrated the deaths of key individuals related to the faction of Stilicho, including his son and the families of many of his federated troops. This led many of
12320-409: The Vandals. Deprived of his fleet, Majorian had to cancel his attack on the Vandals and conclude a peace with Gaiseric. Disbanding his barbarian forces, Majorian intended to return to Rome and issue reforms, stopping at Arelate on his way. Here, Ricimer deposed and arrested him in 461, having gathered significant aristocratic opposition against Majorian. After five days of beatings and torture, Majorian
12474-597: The Visigothic code was discovered by Gustav Friedrich Hänel in the library of St Gall . The chief value of the Visigothic code is as a source for Roman Law, including the first five books of the Theodosian Code ( Codex Theodosianus ), five books of the Sententiae Receptae of Julius Paulus. Until the discovery of a manuscript in the chapter library in Verona , which contained the greater part of
12628-669: The Visigoths by the title of Lex Romana or Lex Theodosii , and it was not until the 16th century that the title of Breviarium was introduced to distinguish it from a recast of the code, the Lex Romana Curiensis which was introduced into northern Italy in the 9th century for the use of the Romans in Lombardy . This recast of the Visigothic code was published in the 18th century for the first time by Paolo Canciani in his collection of ancient laws entitled Barbarorum Leges Antiquae . Another manuscript of this Lombard recast of
12782-482: The Visigoths in 437 and 438 but suffering a defeat himself in 439, ending the conflict in a status quo ante with a treaty. Meanwhile, pressure from the Visigoths and a rebellion by Bonifacius , the governor of Africa, induced the Vandals under King Gaiseric to cross from Spain to Tingitana in what is now Morocco in 429. They temporarily halted in Numidia in 435 before moving eastward. With Aetius occupied in Gaul,
12936-647: The Visigoths, hoping to halt their expansion. The trial and subsequent execution of Romanus , an Italian senator and friend of Ricimer, on the grounds of treachery in 470 made Ricimer hostile to Anthemius. Following two years of ill feeling, Ricimer deposed and killed Anthemius in 472, elevating Olybrius to the Western throne. During the brief reign of Olybrius, Ricimer died and his nephew Gundobad succeeded him as magister militum . After only seven months of rule, Olybrius died of dropsy . Gundobad elevated Glycerius to Western emperor. The Eastern Empire had rejected Olybrius and also rejected Glycerius, instead supporting
13090-605: The West and vice versa. This wartime opportunism plagued many ruling emperors and indeed paved the road to power for several future emperors. By the time of the Crisis of the Third Century , usurpation became a common method of succession: Philip the Arab , Trebonianus Gallus and Aemilianus were all usurping generals-turned-emperors whose rule would end with usurpation by another powerful general. The idea of co-emperorship
13244-460: The West began to collapse entirely. Alaric's men sacked Rome in 410. Honorius, the younger son of Theodosius I, was declared Augustus (and as such co-emperor with his father) on 23 January in 393, at the age of 9. Upon the death of Theodosius, Honorius inherited the throne of the West at the age of ten whilst his older brother Arcadius inherited the East. The western capital was initially Mediolanum, as it had been during previous divisions, but it
13398-498: The West functioned effectively as an integrated whole, political and military developments would ultimately realign the Empire along those cultural and linguistic lines. More often than not, Greek and Latin practices (and to some extent the languages themselves) would be combined in fields such as history (e.g., those by Cato the Elder ), philosophy and rhetoric . Minor rebellions and uprisings were fairly common events throughout
13552-532: The West, Attila secured peace with the Eastern court and crossed the Rhine in early 451. With Attila wreaking havoc in Gaul, Aetius gathered a coalition of Roman and Germanic forces, including Visigoths and Burgundians, and prevented the Huns from taking the city of Aurelianum , forcing them into retreat. At the Battle of the Catalaunian Plains , the Roman-Germanic coalition met and defeated
13706-574: The West, while Verus spent most of his reign campaigning in the East, against Parthia . Verus accompanied Marcus at the start of the Marcomannic Wars , but died shortly after. Decades later, Septimius Severus (r. 193–211) appointed his sons Geta and Caracalla as joint heirs. However, Caracalla murdered his brother shortly after succeeding to the throne. With the assassination of the emperor Alexander Severus in March 235 by his own troops,
13860-584: The West. As the Roman Republic expanded, it reached a point where the central government in Rome could not effectively rule the distant provinces. Communications and transportation were especially problematic given the vast extent of the Empire. News of invasion, revolt, natural disasters, or epidemic outbreak was carried by ship or mounted postal service , often requiring much time to reach Rome and for Rome's orders to be returned and acted upon. Therefore, provincial governors had de facto autonomy in
14014-594: The Western Roman army by recruiting large numbers of barbarian mercenaries, among them the Gepids , Ostrogoths, Rugii , Burgundians, Huns, Bastarnae , Suebi, Scythians and Alans, and built two fleets, one at Ravenna, to combat the strong Vandalic fleet. Majorian personally led the army to wage war in Gaul, leaving Ricimer in Italy. The Gallic provinces and the Visigothic Kingdom had rebelled following
14168-488: The Western Roman government could do nothing to prevent the Vandals conquering the wealthy African provinces, culminating in the fall of Carthage on 19 October 439 and the establishment of the Vandal Kingdom . By the 400s, Italy and Rome itself were dependent on the taxes and foodstuffs from these provinces, leading to an economic crisis. With Vandal fleets becoming an increasing danger to Roman sea trade and
14322-432: The Western court had lacked true power and had been subject to Germanic aristocrats for decades, with most of its legal territory being under control of various barbarian kingdoms. With Odoacer recognising Julius Nepos, and later the Eastern emperor Zeno, as his sovereign, nominal Roman control continued in Italy. Syagrius , who had managed to preserve Roman sovereignty in an exclave in northern Gaul (a realm today known as
14476-474: The Western imperial court in Ravenna disappeared by AD 554, at the end of Justinian 's Gothic War . Though there were periods with more than one emperor ruling jointly before, the view that it was impossible for a single emperor to govern the entire Empire was institutionalized by emperor Diocletian following the disastrous civil wars and disintegrations of the Crisis of the Third Century . He introduced
14630-649: The ancient Roman legal texts, and to teach others what they learned from their studies. The center of these studies was Bologna . The law school there gradually developed into Europe's first university. The students who were taught Roman law in Bologna (and later in many other places) found that many rules of Roman law were better suited to regulate complex economic transactions than were the customary rules, which were applicable throughout Europe. For this reason, Roman law, or at least some provisions borrowed from it, began to be re-introduced into legal practice, centuries after
14784-427: The bureaucratization, this procedure disappeared, and was substituted by the so-called "extra ordinem" procedure, also known as cognitory. The whole case was reviewed before a magistrate, in a single phase. The magistrate had obligation to judge and to issue a decision, and the decision could be appealed to a higher magistrate. German legal theorist Rudolf von Jhering famously remarked that ancient Rome had conquered
14938-423: The capable Eastern general Anthemius as Western emperor following an eighteen-month interregnum . The relationship between Anthemius and the East was good, Anthemius is the last Western emperor recorded in an Eastern law, and the two courts conducted a joint operation to retake Africa from the Vandals, culminating in the disastrous Battle of Cape Bon in 468. In addition Anthemius conducted failed campaigns against
15092-563: The circumstance that the Breviarium has prefixed to it a royal rescript ( commonitorium ) directing that copies of it, certified under the hand of Anianus, should be received exclusively as law throughout the kingdom of the Visigoths, the compilation of the code has been attributed to Anianus by many writers, and it is frequently designated the Breviary of Anianus ( Breviarium Aniani ). The code, however, appears to have been known amongst
15246-490: The city at the sight of the approaching Vandals, only to be stoned to death by a Roman mob. Petronius had reigned only 11 weeks. With the Vandals at the gates, Pope Leo I requested that the King not destroy the ancient city or murder its inhabitants, to which Gaiseric agreed and the city gates were opened to him. Though keeping his promise, Gaiseric looted great amounts of treasure and damaged objects of cultural significance such as
15400-419: The classical period (c. AD 200), and that of cognitio extra ordinem was in use in post-classical times. Again, these dates are meant as a tool to help understand the types of procedure in use, not as a rigid boundary where one system stopped and another began. During the republic and until the bureaucratization of Roman judicial procedure, the judge was usually a private person ( iudex privatus ). He had to be
15554-466: The coasts and islands of the western and central Mediterranean, Aetius coordinated a counterattack against the Vandals in 440, organizing a large army in Sicily. However, the plans for retaking Africa had to be abandoned due to the immediate need to combat the invading Huns, who in 444 were united under their ambitious king Attila . Turning against their former ally, the Huns became a formidable threat to
15708-656: The court back to Rome. Most western emperors from 450 until 475 reigned from Rome. The last de facto western emperor Romulus Augustulus resided in Ravenna from 475 until his deposition in 476 and Ravenna would later be the capital of both the Ostrogothic Kingdom and the Exarchate of Ravenna . Despite the moved capital, economic power remained focused on Rome and its rich senatorial aristocracy which dominated much of Italy and Africa in particular. After Emperor Gallienus had banned senators from army commands in
15862-844: The courts of the Eastern Orthodox Church even after the fall of the Byzantine Empire and the conquest by the Turks, and, along with the Syro-Roman law book , also formed the basis for much of the Fetha Negest , which remained in force in Ethiopia until 1931. In the west, Justinian's political authority never went any farther than certain portions of the Italian and Hispanic peninsulas. In Law codes issued by
16016-430: The current era are the period during which Roman law and Roman legal science reached its greatest degree of sophistication. The law of this period is often referred to as the "classical period of Roman law". The literary and practical achievements of the jurists of this period gave Roman law its unique shape. The jurists worked in different functions: They gave legal opinions at the request of private parties. They advised
16170-432: The defendant with the aid of the condictio furtiva (a personal action). With the aid of the actio legis Aquiliae (a personal action), the plaintiff could claim damages from the defendant. Rei vindicatio was derived from the ius civile , therefore was only available to Roman citizens. A person's abilities and duties within the Roman legal system depended on their legal status ( status ). The individual could have been
16324-571: The deposition of Avitus, refusing to acknowledge Majorian as lawful emperor. At the Battle of Arelate , Majorian decisively defeated the Visigoths under Theoderic II and forced them to relinquish their great conquests in Hispania and return to foederati status. Majorian then entered the Rhone Valley , where he defeated the Burgundians and reconquered the rebel city of Lugdunum . With Gaul back under Roman control, Majorian turned his eyes to
16478-561: The earlier code of Theodosius II , served as models for a few of the Germanic law codes; however, the Digest portion was largely ignored for several centuries until around 1070, when a manuscript of the Digest was rediscovered in Italy. This was done mainly through the works of glossars who wrote their comments between lines ( glossa interlinearis ), or in the form of marginal notes ( glossa marginalis ). From that time, scholars began to study
16632-501: The east. Rufinus and Stilicho were rivals, and their disagreements would be exploited by the Gothic leader Alaric I who again rebelled in 408 following the massacre by Roman legions of thousands of barbarian families who were trying to assimilate into the Roman empire. Neither half of the Empire could raise forces sufficient even to subdue Alaric's men, and both tried to use Alaric against the other half. Alaric himself tried to establish
16786-485: The eastern part of the Empire, most of the subtleties of classical law came to be disregarded and finally forgotten in the west. Classical law was replaced by so-called vulgar law . The Roman Republic's constitution or mos maiorum ("custom of the ancestors") was an unwritten set of guidelines and principles passed down mainly through precedent. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include checks and balances ,
16940-556: The emperor of the Western Empire. Odoacer accepted this condition and issued coins in the name of Julius Nepos throughout Italy. This, however, was mainly an empty political gesture, as Odoacer never returned any real power or territories to Nepos. The murder of Nepos in 480 prompted Odoacer to invade Dalmatia , annexing it to his Kingdom of Italy . By convention, the Western Roman Empire is deemed to have ended on 4 September 476, when Odoacer deposed Romulus Augustus, but
17094-558: The empire between them, the former ruling from the East and the latter from the West. However, Valerian was captured by the Sassanids at the Battle of Edessa , leaving Gallienus as sole emperor. Saloninus , Gallienus' infant son, and the praetorian prefect Silvanus resided in Colonia Agrippina (modern Cologne ) to solidify the loyalty of the local legions. Nevertheless, Postumus – the local governor of
17248-580: The end of the Theodosian dynasty , Petronius Maximus proclaimed himself emperor during the ensuing period of unrest. Petronius was not able to take effective control of the significantly weakened and unstable Empire. He broke the betrothal between Huneric, son of the Vandal king Gaiseric , and Eudocia, daughter of Valentinian III. This was seen as a just cause of war by King Gaiseric, who set sail to attack Rome. Petronius and his supporters attempted to flee
17402-604: The end of the 18th century. In Germany , Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis , culpa in contrahendo , pacta sunt servanda ). Eastern Europe
17556-401: The end of the Roman empire. This process was actively supported by many kings and princes who employed university-trained jurists as counselors and court officials and sought to benefit from rules like the famous Princeps legibus solutus est ("The sovereign is not bound by the laws", a phrase initially coined by Ulpian , a Roman jurist). There are several reasons that Roman law was favored in
17710-656: The event shocked people across both halves of the Empire as this was the first time Rome (viewed at least as the symbolic heart of the Empire) had fallen to a foreign enemy since the Gallic invasions of the 4th century BC. The Eastern Roman emperor Theodosius II , the successor of Arcadius, declared three days of mourning in Constantinople. Without Stilicho and following the sack of Rome, Honorius' reign grew more chaotic. The usurper Constantine III had stripped Roman Britain of its defenses when he crossed over to Gaul in 407, leaving
17864-488: The evidence and ruled in the way that seemed just. Because the judge was not a jurist or a legal technician, he often consulted a jurist about the technical aspects of the case, but he was not bound by the jurist's reply. At the end of the litigation, if things were not clear to him, he could refuse to give a judgment, by swearing that it wasn't clear. Also, there was a maximum time to issue a judgment, which depended on some technical issues (type of action, etc.). Later on, with
18018-499: The first of the " barbarian kingdoms ", the Visigothic Kingdom , was formed. Honorius' death in 423 was followed by turmoil until the Eastern Roman government installed Valentinian III as Western emperor in Ravenna by force of arms, with Galla Placidia acting as regent during her son's minority. Theodosius II, the Eastern emperor, had hesitated to announce the death of Honorius and in the ensuing interregnum, Joannes
18172-490: The historical record calls this determination into question. Indeed, the deposition of Romulus Augustus received very little attention in contemporary times. Romulus was a usurper in the eyes of the Eastern Roman Empire and the remaining territories of Western Roman control outside of Italy, with the previous emperor Julius Nepos still being alive and claiming to rule the Western Empire in Dalmatia . Furthermore,
18326-458: The imperial government was not providing the military protection the northern provinces expected and needed, numerous usurpers arose in Britain, including Marcus (406–407), Gratian (407), and Constantine III who invaded Gaul in 407. Britain was effectively abandoned by the empire by 410 due to the lack of resources and the need to look after more important frontiers. The weakening of the Rhine frontier allowed multiple barbarian tribes, including
18480-410: The jurist Salvius Iulianus drafted a standard form of the praetor's edict, which was used by all praetors from that time onwards. This edict contained detailed descriptions of all cases, in which the praetor would allow a legal action and in which he would grant a defense. The standard edict thus functioned like a comprehensive law code, even though it did not formally have the force of law. It indicated
18634-478: The magistrates who were entrusted with the administration of justice, most importantly the praetors. They helped the praetors draft their edicts , in which they publicly announced at the beginning of their tenure, how they would handle their duties, and the formularies, according to which specific proceedings were conducted. Some jurists also held high judicial and administrative offices themselves. The jurists also produced all kinds of legal punishments. Around AD 130
18788-494: The mid-3rd century, the senatorial elite lost all experience of – and interest in – military life. In the early 5th century the wealthy landowning elite of the Roman Senate largely barred its tenants from military service, but it also refused to approve sufficient funding for maintaining a sufficiently powerful mercenary army to defend the entire Western Empire. The West's most important military area had been northern Gaul and
18942-429: The minor province of Africa (roughly modern Tunisia ). Octavian soon took Africa from Lepidus, while adding Sicilia (modern Sicily ) to his holdings. Upon the defeat of Mark Antony , a victorious Octavian controlled a united Roman Empire . The Empire featured many distinct cultures, all experienced a gradual Romanization . While the predominantly Greek culture of the East and the predominantly Latin culture of
19096-534: The name of the Roman Republic. Governors had several duties, including the command of armies, handling the taxes of the province and serving as the province's chief judges. Prior to the establishment of the Empire, the territories of the Roman Republic had been divided in 43 BC among the members of the Second Triumvirate : Mark Antony , Octavian and Marcus Aemilius Lepidus . Antony received
19250-450: The old formalism is being abandoned and new more flexible principles of ius gentium are used. The adaptation of law to new needs was given over to juridical practice, to magistrates , and especially to the praetors . A praetor was not a legislator and did not technically create new law when he issued his edicts ( magistratuum edicta ). In fact, the results of his rulings enjoyed legal protection ( actionem dare ) and were in effect often
19404-460: The position would never again be divided. As such, the (eastern) Roman emperors after 480 are the successors of the western ones, albeit only in a juridical sense. These emperors would continue to rule the Roman Empire until the Fall of Constantinople in 1453, nearly a thousand years later. As 480 marks the end of the juridical division of the empire into two imperial courts, some historians refer to
19558-437: The power of the magistrates was restricted. In 450 BC, the decemviri produced the laws on ten tablets ( tabulae ), but these laws were regarded as unsatisfactory by the plebeians. A second decemvirate is said to have added two further tablets in 449 BC. The new Law of the Twelve Tables was approved by the people's assembly. Modern scholars tend to challenge the accuracy of Latin historians . They generally do not believe that
19712-575: The provinces in the East: Achaea , Macedonia and Epirus (roughly modern Greece, Albania and the coast of Croatia ), Bithynia , Pontus and Asia (roughly modern Turkey ), Syria , Cyprus , and Cyrenaica . These lands had previously been conquered by Alexander the Great ; thus, much of the aristocracy was of Greek origin. The whole region, especially the major cities, had been largely assimilated into Greek culture, Greek often serving as
19866-524: The republican constitution, began to transform itself into the absolute monarchy of the Dominate . The existence of legal science and of jurists who regarded law as a science, not as an instrument to achieve the political goals set by the absolute monarch, did not fit well into the new order of things. The literary production all but ended. Few jurists after the mid-3rd century are known by name. While legal science and legal education persisted to some extent in
20020-440: The requirements for a successful legal claim. The edict therefore became the basis for extensive legal commentaries by later classical jurists like Paulus and Ulpian . The new concepts and legal institutions developed by pre-classical and classical jurists are too numerous to mention here. Only a few examples are given here: The Roman Republic had three different branches: The assemblies passed laws and made declarations of war;
20174-521: The rights of pagan priests and removed the Altar of Victory from the Roman Curia , a decision which caused dissatisfaction among the traditionally pagan aristocracy of Rome. The political situation was unstable. In 383, a powerful and popular general named Magnus Maximus seized power in the West and forced Gratian's half-brother Valentinian II to flee to the East for aid; in a destructive civil war
20328-525: The same time, however, several eastern provinces seceded to form the Palmyrene Empire , under the rule of Queen Zenobia . In 272, Emperor Aurelian finally managed to reclaim Palmyra and its territory for the empire. With the East secure, his attention turned to the West, invading the Gallic Empire a year later. Aurelian decisively defeated Tetricus I in the Battle of Châlons , and soon captured Tetricus and his son Tetricus II . Both Zenobia and
20482-511: The separation of powers , vetoes , filibusters , quorum requirements, term limits , impeachments , the powers of the purse , and regularly scheduled elections . Even some lesser used modern constitutional concepts, such as the block voting found in the electoral college of the United States , originate from ideas found in the Roman constitution. The constitution of the Roman Republic was not formal or even official. Its constitution
20636-410: The soldiers to instead join with Alaric, who returned to Italy in 409 and met little opposition. Despite attempts by Honorius to reach a settlement and six legions of Eastern Roman soldiers sent to support him, the negotiations between Alaric and Honorius broke down in 410 and Alaric sacked the city of Rome. Though the sack was relatively mild and Rome was no longer the capital of even the Western Empire,
20790-448: The source of new legal rules. A praetor's successor was not bound by the edicts of his predecessor; however, he did take rules from edicts of his predecessor that had proved to be useful. In this way a constant content was created that proceeded from edict to edict ( edictum traslatitium ). Thus, over the course of time, parallel to the civil law and supplementing and correcting it, a new body of praetoric law emerged. In fact, praetoric law
20944-442: The supervision of Constantine II, received Italy , Africa, Illyricum , Pannonia, Macedonia , and Achaea . The provinces of Thrace, Achaea and Macedonia were shortly controlled by Dalmatius , nephew of Constantine I and a caesar , not an Augustus , until his murder by his own soldiers in 337. The West was unified in 340 under Constans, who was assassinated in 350 under the order of the usurper Magnentius . After Magnentius lost
21098-557: The system of the Tetrarchy in 286, with two senior emperors titled Augustus , one in the East and one in the West, each with an appointed subordinate and heir titled Caesar . Though the tetrarchic system would collapse in a matter of years, the East–West administrative division would endure in one form or another over the coming centuries. As such, the unofficial Western Roman Empire would exist intermittently in several periods between
21252-807: The time Roman law was rediscovered. Therefore, the practical advantages of Roman law were less obvious to English practitioners than to continental lawyers. As a result, the English system of common law developed in parallel to Roman-based civil law, with its practitioners being trained at the Inns of Court in London rather than receiving degrees in Canon or Civil Law at the Universities of Oxford or Cambridge . Elements of Romano-canon law were present in England in
21406-427: The whole empire so, by 314, began to compete against Licinius, finally defeating him in 324 at the Battle of Chrysopolis . After Constantine unified the empire, he refounded the city of Byzantium in modern-day Turkey as Nova Roma ("New Rome"), later called Constantinople , and made it the capital of the Roman Empire. Although the Tetrarchy was ended, the concept of physically dividing the Roman Empire into East and
21560-457: The world three times: the first through its armies, the second through its religion, the third through its laws. He might have added: each time more thoroughly. When the centre of the Empire was moved to the Greek East in the 4th century, many legal concepts of Greek origin appeared in the official Roman legislation. The influence is visible even in the law of persons or of the family, which
21714-423: Was a codification of Constantian laws. Later emperors went even further, until Justinian finally decreed that a child in potestate became owner of everything it acquired, except when it acquired something from its father. The codes of Justinian, particularly the Corpus Juris Civilis (529–534) continued to be the basis of legal practice in the Empire throughout its so-called Byzantine history. Leo III
21868-507: Was also influenced by the jurisprudence of the Corpus Juris Civilis , especially in countries such as medieval Romania ( Wallachia , Moldavia , and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the " Farmer's Law " of the medieval Byzantine legal system . Before the Twelve Tables (754–449 BC), private law comprised
22022-412: Was beheaded near the river Iria . The final collapse of the Empire in the West was marked by increasingly ineffectual puppet emperors dominated by their Germanic magistri militum . The most pointed example of this is Ricimer , who effectively became a "shadow emperor" following the depositions of Avitus and Majorian. Unable to take the throne for himself due to his barbarian heritage, Ricimer appointed
22176-598: Was common to all of continental Europe (and Scotland ) was known as Ius Commune . This Ius Commune and the legal systems based on it are usually referred to as civil law in English-speaking countries. Only England and the Nordic countries did not take part in the wholesale reception of Roman law. One reason for this is that the English legal system was more developed than its continental counterparts by
22330-551: Was developed in order to better educate the students and to network with one another internationally. As steps towards a unification of the private law in the member states of the European Union are being taken, the old jus commune , which was the common basis of legal practice everywhere in Europe, but allowed for many local variants, is seen by many as a model. Western Roman Empire In modern historiography ,
22484-789: Was first tested by Marcus Aurelius (r. 161–180), who decided to rule alongside his adoptive brother Lucius Verus . There was, however, much precedent. The consulate of the Republic was a twin magistracy, and earlier emperors had often had a subordinate lieutenant with many imperial offices. Many emperors had planned a joint succession in the past— Augustus planned to leave Gaius and Lucius Caesar as joint emperors on his death; Tiberius wished to have Caligula and Tiberius Gemellus do so as well; as Claudius with Nero and Britannicus . All of these arrangements had ended in failure, either through premature death (Gaius and Lucius) or murder (Gemellus and Britannicus). Marcus Aurelius ruled mostly from
22638-476: Was killed. With the Roman legions withdrawn, northern Gaul became increasingly subject to Frankish influence, the Franks naturally adopting a leading role in the region. In 418, Honorius granted southwestern Gaul ( Gallia Aquitania ) to the Visigoths as a vassal federation. Honorius removed the local imperial governors, leaving the Visigoths and the provincial Roman inhabitants to conduct their own affairs. As such,
22792-401: Was largely unwritten, and was constantly evolving throughout the life of the Republic. Throughout the 1st century BC, the power and legitimacy of the Roman constitution was progressively eroding. Even Roman constitutionalists, such as the senator Cicero , lost a willingness to remain faithful to it towards the end of the Republic. When the Roman Republic ultimately fell in the years following
22946-446: Was moved to Ravenna in 401 upon the entry of the Visigothic king Alaric I into Italy. Ravenna, protected by abundant marshes and strong fortifications, was far easier to defend and had easy access to the imperial fleet of the Eastern Empire but made it more difficult for the Roman military to defend the central parts of Italy from regular barbarian incursions. Ravenna would remain the western capital until 450 when Valentinian III moved
23100-435: Was nominated as Western emperor. Joannes' rule was short and the forces of the East defeated and executed him in 425. After a violent struggle with several rivals, and against Placidia's wish, Aetius rose to the rank of magister militum . Aetius was able to stabilize the Western Empire's military situation somewhat, relying heavily on his Hunnic allies. With their help Aetius undertook extensive campaigns in Gaul, defeating
23254-510: Was not the enactment of well-drafted statutes, but the emergence of a class of professional jurists ( prudentes or jurisprudentes , sing. prudens ) and of a legal science. This was achieved in a gradual process of applying the scientific methods of Greek philosophy to the subject of law, a subject which the Greeks themselves never treated as a science. Traditionally, the origins of Roman legal science are connected to Gnaeus Flavius . Flavius
23408-495: Was often perceived as being of dubious loyalty, primarily due its role in court intrigues and in overthrowing several emperors, including Pertinax and Aurelian . Following their example, the legions at the borders increasingly participated in civil wars . For instance, legions stationed in Egypt and the eastern provinces would see significant participation in the civil war of 218 between Emperor Macrinus and Elagabalus . As
23562-426: Was so defined by the famous Roman jurist Papinian (142–212 AD): " Ius praetorium est quod praetores introduxerunt adiuvandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam " ("praetoric law is that law introduced by praetors to supplement or correct civil law for public benefit"). Ultimately, civil law and praetoric law were fused in the Corpus Juris Civilis . The first 250 years of
23716-411: Was well fortified and located at the crossroads of several major trade and military routes. The site had been acknowledged for its strategic importance already by emperors Septimius Severus and Caracalla , more than a century prior. In 361, Constantius II became ill and died, and Constantius Chlorus' grandson Julian , who had served as Constantius II's Caesar, assumed power. Julian was killed in 363 in
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