Legal History: Dates, Names and Terms

Legal History
A. Costov

DATES/NAMES/TERMS


WEEK 2: ROMAN LAW
Dates:

 April 21, 753 BC – foundation of Rome by Romulus and Rem
 Rome:
- Kingdom: 753 BC – 509 BC (7 kings)
- Republic: 509-27 BC
- Empire: 27 BC-476 AD/1453 AD (Western/Eastern)
 509 BC – the Rape of Lucrecia  Republic
 494 BC – strike of plebs and introduction of plebeian tribune
 450-451 BC – the law of XII tables
 376 BC – plebeians are given one consul (out of two)
 286 BC – Lex Hortensia: legislation from the plebiscite equaled with legislation from the Comitia
 100 BC – 250 AD – peak of jurists’ legislation
 March 15, 44 BC – death of Caesar
 44 BC – death of Caesar
 27 BC – Octavian rewarded himself the imperium of the pro-consul and the power of a public tribune
for life  start of the Imperial Age
 135 AD – Edictum Perpetuum – a final version of edicts by praetor; no more edicts from that time
onwards
 330 AD – Emperor Constantine founded a new capital, Constantinople
 395 AD – Emperor Theodosius divided the Empire into two parts – Western and Eastern
 426 AD – “Lex Citandi” by Theodosius II: compilation of laws of the 5 most prominent jurists
 438 AD – “Codex Theodosianus”: compilation of imperial laws from 300 till 438 AD (not a
codification, just a list)
 476 AD – “Fall” of the Western Roman Empire; Romulus Augustulus is disposed
 529 AD – “Codex Justinianus”: a complete guide to all sources of imperial law one could use,
including “Lex Citandi”
 533 AD – the “Digest” (“Pandects”): one constitution made by fractures of different writings by
different jurists (a codification) (lex posterior doesn’t apply)
 533 AD – “Institutes”
 534 AD – “Novels”
 534 AD – Revised version of Codex Justinianus
 1453 – Fall of the Byzantine Empire

Names:

 Romulus and Remus – founders of Rome
 Gnaeus Flavius – publisher of the judges’ interpretation of the law of XII tables


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,Legal History
A. Costov

 Julius Caesar – Roman consul appointed for life, a dictator. His death  the beginning of the end of
the Republic
 Gaius Octavian – the first Roman Emperor
 Hadrianus – Roman Emperor, got rid of praetorian edicts, hired Salvius Julianus to write a
compilation – Edictum Perpetuum
 Salvius Julianus – a jurist, author of “Edictum Perpetuum”
 Constantine – Roman Emperor, founder of Constantinople
 Theodosius I – Roman Emperor, divided the Empire in two
 Romulus Augustulus – the last Western Roman Emperor
 Gaius, Paulus, Ulpianus, Modestinus, Papinianus – greatest roman jurists (Papinianus was the
greatest)
 Theodosius II – Eastern Roman Emperor, ordered “Lex Citandi” and “Codex Theodosianus”
 Justinian – Eastern Roman Emperor, ordered Justinian’s legislation (Codex Iuris Civilis)
 Tribonian – leader of all the commissions working on Justinian’s legislation (except for Codex)

Terms:

 Imperium – power vested by Gods, including a power to create legislation; undivided for 2
consuls/emperors
 Edicts – ordinaries, binding statutes produced by the person who had imperium; are binding as long
as the person who had issued them was the King (laws laid down from above)
 Comitia – a second legislative body, consisted of each Roman citizen
 Lex – a law created by the Comitia (laws created from below); valid until annulled. During the
history of Rome a number of bodies could create leges: the comitia, plebiscites, senate, emperor
 Patrician – decedent of patres, first heads of families
 Senate – a council which consisted of 100 patricians (later plebs were added), advisory organ;
decisions didn’t have the power of law; later replaced Comitia and could create leges
 Consul – a person at power during the Republican Age (together with another consul); elected
annually by the public assembly (comitia)
 Plebeians – roman citizens who were not patricians; had the power of veto
 Plebiscite – gathering of plebeians; after Lex Hortensia could create leges binding for everyone
 Lictor – a bodyguard who carried a symbol of power
 Intercessio – possibility of one consul to block a decision of another consul because imperium was
undivided and legislation had to be unanimous
 The law of Twelve Tables – first written source of law; codification
 Praetor – politician, the holder of praetura, participated in the imperium; could bring adjusts to
previous laws once elected; didn’t make new laws – supplemented or corrected existing laws
 Ius praetorum – laws of praetors; created were civil law was not crystal clear for the public (in force
only for a year); basically, introduced modifications of already existing laws
 Formula trial (iudex privatus) – a trial held before a praetor (people would create a formula, a
small guide for a praetor to adjudicate)
 Lex Hortensia – law which equaled laws from plebs to laws from the comitia (leges, lex)
 Edictum Perpetuum – compilation of praetorian edicts by Julius Slavius; after them – no more
praetorian adjustments
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, Legal History
A. Costov

 Constitution – a law by the emperor: edict, mandate, rescript, decree; has the force of a lex – valid
until annulled; binding legal force
 Responsum – opinion or interpretation done by jurists for private individuals; binding because were
based on the authority of the emperor who granted jurists with such a power
 Ius – new name for a responsum after it gained popularity; a law (around 300 AD 2 sources of law:
leges – imperial constitutions, and ius by jurists)
 Arms and laws – Justinian’s way for re-conquering the West
 Codex Theodosianus – codex by emperor Theodosius II: a list of most important imperial laws from
300 to 348 AD (not a codification, just a list); every constitution was considered to be valid from the
time of its creation  lex posterior
 Lex Citandi – compilation of ius by 5 most prominent Roman jurists
 Codex Iuris Civilis – a compilation of legislation created under an order of emperor Justinian (CJ,
D, I, N)
 Codex Justinianus – contains imperial constitutions; every constitution from its emperor  lex
posterior; included Lex Citandi  later became invalid because of the Digest
 Digesta (Pandects) – an imperial constitution containing ius (by jusrists); one imperial constitution
from one emperor from one date  no lex posterior – a codification; abolished Lex Citandi which
abolished ius as a source of law
 Institutes – a textbook for law-students; given the force of law
 Novels – imperial constitutions issued after the Codex Justinianus
 Codex repetitae praelectionis – revised version of the Codex Justinianus


WEEK 3: ITALY
Dates:

 212 AD - Constitutio Antoniniana on roman citizenship
 506 AD – Lex Romana Visigothorum
 643 AD – Codification of Langobard law for the Langobardians, Edictum Rothari
 800 AD – Charlemagne was crowned by Pope Leo III to become a new Roman Emperor  Holy
Roman Empire
 11th century – Irnerius re-discovers CIC
 1075 – “Dictatum Papae”
 1088 – first university opens in Bologna, Italy
 1140 – “Decretum Gratiani” – compilation of canon law rules – written by monk Gratian
 1220 – Glossa Ordinaria on “Decretum” is published by Jahannes Teutonicus (‘John the German’
 1230 (approximately) – Glossa Ordinaria – standard Gloss by Accursius
 1234 – “Liber Extra” published
 1298 – “Liber Sextum” published
 1317 – “Clementines” published
 15th century – “Extravagantes” published

Names:
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