Law & Order in Ancient Rome - The Law

Summary

This script delves into the evolution of Roman law, from its early roots in the monarchy to the complexities of the Empire. It highlights the social struggles that shaped the legal system, the Twelve Tables, and the role of jurists in systematizing Roman law. The video also touches on the political manipulation of law leading to the fall of the Republic and the consolidation of power under Augustus, setting the stage for the Empire's legal framework and its enduring influence on modern legal systems.

Takeaways

• 🏛 The Roman Peace that followed the Roman Wars is often overlooked, yet it was crucial for understanding history as it affected the majority of people living away from the frontiers of civilization.
• 📚 The stability of the Roman Empire was its greatest claim to fame, highlighting the importance of law and order in its success.
• 👨‍👧‍👦 In early Roman society, the family unit was governed by the father's absolute authority, with customary laws and religious beliefs shaping community interactions.
• 👑 The Roman monarchy's despotic rule was challenged by the plebeians, leading to the establishment of the 'Tribunes of the Plebs' and a more democratic legal system.
• 📜 The Twelve Tables were an early attempt to codify Roman law, providing a foundation for legal principles but subject to change and amendment over time.
• 🗳️ Roman laws were initially formed in popular assemblies, with different types of assemblies addressing various aspects of governance and society.
• 🏛️ The Senate's influence over law was significant, with its resolutions carrying the unofficial force of law and shaping the legislative process.
• 📈 The 'conflict of the orders' between the plebeians and patricians was a continuous struggle, with the plebeians gradually gaining more rights and legislative power.
• 🤝 The cooperation between the Senate and the assemblies was disrupted by wealth and political power concentration, leading to legal manipulation and political instability.
• 🎓 The rise of jurists in the Late Republic marked a significant development in Roman law, introducing a more scientific approach to legal studies and practice.
• 🤴 Augustus' rule as 'princeps' saw the consolidation of power and a shift in the way laws were passed, with the emperor's edicts becoming law and the formal legislative process being simplified.

Q & A

Why is it important to consider the Roman Peace when studying history?

Considering the Roman Peace is important because it provides a more comprehensive understanding of history. The majority of people lived during times of stability, which was a significant aspect of the Roman Empire's legacy.

What was the role of the paterfamilias in early Roman society?

The paterfamilias was the head of the family unit and held the most power at this level. His decisions were considered law within the family.

How did customary laws in early Rome address common issues?

Customary laws in early Rome arose organically to deal with common issues such as marriage, property, theft, and murder. These were governed by interactions between neighbors and were informed by religious beliefs regulated by the priesthood.

What was the significance of the Twelve Tables in Roman law?

The Twelve Tables were significant as they were the first attempt to codify Roman law. They compiled existing customary laws and were initially displayed on wooden tablets for public access, later upgraded to bronze for permanence.

How did the plebeians gain more influence in the lawmaking process?

The plebeians gained more influence by staging a public protest, which led to the creation of the 'Tribunes of the Plebs'. These positions allowed the plebeians to propose legislation, intervene in legal matters, and veto actions of other magistrates.

What was the purpose of the popular assemblies in Roman lawmaking?

The popular assemblies had the purpose of proposing and voting on laws. There were three types: the centuriate assembly for high elections and military affairs, the tribal assembly for lower elections, and the plebeian assembly for matters affecting only the lower classes.

How did the 'conflict of the orders' affect the development of Roman law?

The 'conflict of the orders' was a socio-political struggle between the patricians and the plebeians that influenced the development of Roman law by pushing for more representation and rights for the plebeians, eventually leading to the creation of the Tribunate of the Plebs and the lex Hortensia.

What was the role of the Senate in the Roman legal process?

The Senate played a significant role in the Roman legal process by providing a blessing to passed laws, which were then inscribed on tablets and placed in Rome's treasury. The Senate also issued 'Senatus Consulta', which had the unofficial force of law.

How did the rise of the jurists contribute to Roman law?

The rise of the jurists contributed to Roman law by treating it as a science. They examined precedents and texts, acted as legal specialists, and provided commentary on new laws and cases, laying the foundation for a true legal community.

What changes did Augustus implement to consolidate power under the Empire?

Augustus consolidated power by restoring traditional offices and public assemblies while uniquely being granted legal powers that had been divided across several positions. He used his tribunate power to propose laws or call the Senate to issue 'Senatus Consulta', effectively centralizing lawmaking.

How did the jurists evolve into a more formal role in the legal process under the Empire?

Under the Empire, jurists evolved into a more formal role by being granted 'the power of speaking with the authority of the princeps' by Augustus. They provided counsel, assisted in drafting legal documents, argued cases in court, and wrote extensive treatises on the theory of law, contributing to the expansion of Roman jurisprudence.

Outlines

00:00

📜 The Foundations of Roman Law and Society

This paragraph delves into the often overlooked aspect of Roman history—the Roman Peace—and emphasizes the importance of understanding the stability of the Roman Empire for a comprehensive historical perspective. It introduces the series on Law & Order in Ancient Rome, starting with the evolution of Roman law from the early monarchy in the 8th century BC. The law was initially unwritten and subject to the whims of the ruling class, leading to a despotic environment for the plebeians. The paragraph outlines the early societal structure, from the family unit governed by the paterfamilias to the royal decrees of the patricians, and the socio-political struggles that led to the establishment of the 'Tribunes of the Plebs,' giving the common people a voice in the law for the first time.

05:05

🏛️ The Lawmaking Process and the Struggles of the Republic

This section explores the intricacies of Roman lawmaking during the Republic era, highlighting the different types of popular assemblies responsible for legislation. It discusses the initial democratic process, which was skewed in favor of the wealthy due to the structure of the Tribal Assembly. The paragraph also covers the formalization of laws, including their inscription on bronze or marble tablets, and the categorization into private and public laws. The narrative then shifts to the conflicts arising from the concentration of wealth and power, leading to the eventual breakdown of the legal system and the rise of jurists who treated law as a science, laying the groundwork for a legal community.

10:11

👑 The Transition from Republic to Empire and the Consolidation of Legal Power

The final paragraph examines the transition from the Roman Republic to the Empire under Augustus, who, despite defeating Mark Antony, chose to cloak his power within the republican system to avoid the appearance of monarchy. It details how Augustus used his unique legal powers to propose and expedite laws, either through the assembly or the Senate, effectively centralizing authority. The paragraph also discusses the increasing complexity of Roman law, the role of jurists in bringing order, and the evolution of their function into what is recognized today as lawyers. It concludes by acknowledging the enduring influence of Roman law on modern legal systems and hints at future topics in the series, such as Roman courts and the penal system.

Keywords

💡Roman Wars

The Roman Wars refer to a series of military conflicts waged by the Roman Republic and later the Roman Empire. They were instrumental in the expansion of Roman territory and influence. In the video, the Roman Wars are contrasted with the subsequent 'Roman Peace', highlighting the importance of stability in the empire's legacy.

💡Roman Peace

The 'Roman Peace', or Pax Romana, denotes a period of relative peace and stability throughout the Roman Empire. It is a key concept in the video as it emphasizes the impact of peace on the lives of the majority of the empire's inhabitants, as opposed to the more commonly remembered periods of war.

💡Law & Order

Law & Order in the context of the video refers to the legal and social systems that governed the Roman Empire. It is the central theme of the episode, as it explores the foundations of Roman law and its evolution, illustrating how these systems contributed to the empire's stability and governance.

💡paterfamilias

The term 'paterfamilias' refers to the head of a Roman family, who held significant authority over family members and property. In the script, it is used to illustrate the early social structure where the father's word was considered law within the family unit.

💡customary laws

Customary laws are unwritten rules that emerge from the practices and traditions of a community. The video describes how these laws governed interactions between neighbors and dealt with common issues in the absence of formal legal codes.

💡patricians

Patricians were the aristocratic class in ancient Rome, who held political power and social prestige. The video discusses their role in the early Roman legal system, where they issued laws in the form of royal decrees and rulings.

💡plebeians

Plebeians were the commoners of ancient Rome, who were not part of the patrician class. The script highlights their struggle for rights and representation, which led to the creation of the 'Tribunes of the Plebs' and their eventual influence on the lawmaking process.

💡Tribunes of the Plebs

The 'Tribunes of the Plebs' were elected officials in the Roman Republic who represented the interests of the plebeian class. They had the power to propose legislation and intervene in legal matters, as mentioned in the video, which marked a significant shift in the balance of power.

💡Twelve Tables

The Twelve Tables represent the earliest attempt at a codified set of laws in ancient Rome. The video explains that they were a compilation of existing customary laws, initially inscribed on wooden tablets and later on bronze for permanence, symbolizing a move towards a more transparent legal system.

💡lex Hortensia

The 'lex Hortensia' was a significant law passed in 287 BCE that declared resolutions of the plebeian assembly to be binding for all Roman citizens. The video describes this as a major victory for the plebeians, granting them legislative power equivalent to that of the consuls.

💡jurists

Jurists in the context of the video are legal experts who emerged during the late Roman Republic to deal with the complexity of Roman law. They played a crucial role in the development of legal theory and practice, laying the groundwork for a formal legal community and contributing to the 'Code of Justinian'.

Highlights

The Roman Peace is often overlooked despite its importance for understanding history, as it provided stability for the majority of people living away from the frontiers.

The Roman Empire's greatest claim to fame was its stability, not just its wars.

Early Roman law was unwritten and subject to the whims of the ruling class, leading to an arbitrary legal system.

The Twelve Tables represented the first codification of Roman law, addressing rural aspects and everyday issues.

The creation of the Tribunate of the Plebs allowed the common people a voice in the lawmaking process.

The lex Hortensia in 287 BCE granted the resolutions of the plebeian assembly to have universal applicability in Rome.

The evolution of Roman law was driven by the socio-political struggle known as the 'conflict of the orders'.

The Senate and popular assemblies initially worked well together, but this harmony broke down due to wealth and power concentration.

The rise of jurists in the Late Republic marked a shift towards treating the study of law as a science.

Augustus' rule saw the transformation of the Roman Republic into an Empire, with legal powers concentrated in his hands.

Emperors' edicts became law, bypassing the need for formal legislative processes as the Empire matured.

Jurists played a crucial role in organizing and interpreting the complex and growing body of Roman law.

The 'Code of Justinian' in the 6th century AD captured many of the works of Roman jurists, impacting legal systems today.

Roman law influenced modern Civil Law and Common Law systems and can still be seen in legal terminology.

The video series will continue to explore topics such as Roman courts, police, and jails.

The video acknowledges the support of Patrons and the contributions of researchers, writers, and artists.

Transcripts

All too often we remember the Roman Wars  without considering the Roman Peace which  

followed. This is an issue for understanding  history properly since the vast majority of  

the people lived their lives away from that  bleeding edge of civilization. After all it  

was the stability of the Roman empire which  was its greatest claim to fame. Therefore,  

in this episode, we will be kicking off a  series on Law & Order in Ancient Rome by  

starting off with its very foundations. The Law.

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The evolution of Roman law began in the early  days of the monarchy. It is here, in the 8th  

century BC, that the Roman jurist Sextus Pomponius  claims “the people began their first activities  

without any fixed law, and without any fixed  rights: all things were ruled despotically,  

by kings." While this assessment holds some merit,  we should at the same time realize that no society  

is truly ever lawless. Communities will always  have some way to organize themselves and regulate  

the actions of their members. In these early days  this occurred across the basic levels of society.

The lowest of these tiers was  the family group. At this level,  

the father, or paterfamilias, held the most  power. His word was law. Above this level,  

would be the interactions between neighbors in  the community. Their actions were governed by  

customary laws which had arisen organically  to deal with common issues like marriage,  

property, theft, and murder. Informing these  ideas would have been religious beliefs which  

were regulated by the priesthood. Next level  up would have been the ruling class of the  

patricians with the King at their head. Their  laws were commonly delivered in the form of  

royal decrees to the city or in the form of  rulings passed in judgement of petitioners to  

the king’s court. The main takeaway here is that  while yes there were indeed laws, none of them  

were codified and they could change from year to  year at the slightest whim of the upper classes.

Basically everyone else chafed under  such conditions. These non-elite Romans,  

known as the plebeians, were literally  second class citizens. They were unable  

to appeal legal judgements, unable to vote  in the assembly, unable to hold high office,  

and even forbidden the right to a full  marriage with anyone in the patrician  

class. From the perspective of the majority of  the population, it was indeed a despotic time.

When the kings were chased from Rome  in 490 BC, the plebeians saw a chance  

to have their voices heard. Yet the elite  were in no mood to share power within the  

new Republican government. This began  the so-called "conflict of the orders",  

a socio-political struggle that would run the  course of Roman history for centuries to come.

To break the status quo, the furious plebeians  staged a massive public protest whereby they  

abandoned the city of Rome en masse, refusing  to take up arms as enemy armies closed in.  

This finally forced the patricians to make  some concessions. As a result a new set of  

government magistrates was formed, the "Tribunes  of the Plebs". They were positions exclusively  

limited to the plebeian class with the power to  propose legislation, intervene in legal matters,  

and veto the actions of other magistrates. The  common people finally had a say in the law. Their  

next move would be to tackle its arbitrary nature  by demanding the law be physically written down.

Thus, the Twelve Tables were written. They were  not a constitution as we would understand today,  

but rather just a compilation of some existing  customary laws, most of which reflected the rural  

aspects of the people it governed. As an example  you can find passages specifying the width of  

roads, punishment for grazing in someone else’s  fields, and even death penalties for singing  

abusive songs about others. These eclectic laws  were originally carved on wooden tablets and  

set up for public display. Eventually they were  upgraded to bronze for the sake of permanence and,  

for hundreds of years, Romans would memorize  their contents. While certainly an important  

achievement, the 12 tables were quickly altered  or added to by new laws throughout the history of  

the Republic. With this in mind, let’s now  turn to see how such lawmaking took place.

The laws themselves were initially formed in the  popular assemblies. There were three different  

types of these: the centuriate assembly, for  high elections and military affairs, the tribal  

assembly, for lower elections, and the plebeian  assembly, for matters that affected only the lower  

classes. Initially, laws were - after consultation  with the Senate - proposed to the people,  

who would have time to meet among themselves to  discuss it. On the day when the tribal assembly  

was called, the adult male citizens would meet  together. No discussion was held at this meeting,  

only the vote. Individual votes were tallied  within groups of people which in turn got to  

cast one vote as a whole. In the Tribal Assembly  there were 31 "rural" tribes, dominated by rich  

landholders, and only 4 "urban" tribes for  the poorer and more numerous city-dwellers.  

The end result was a lopsided vote whereby the  smaller number of patrician’s maintained control.

After a law was passed, it was given  the blessing of the Senate, inscribed on  

either a bronze or marble tablet, and placed in  Rome's treasury. The text contained three parts: 

1. the preamble, containing the sponsor,  the votes in support, and date of adoption; 

2. the main text of the law,  which was broken into sections; 

3. the "sanctio," listing  penalties for breaking the law.

So what kinds of laws were being passed?  Well you had all kinds of things that  

you might encounter today. There were  private laws for individuals, families,  

businesses and small groups. This included  things like marriage, divorce, succession,  

contracts, and property rights.  There were also public laws for  

dealing with issues for society as a whole like  administration, the constitution, and crime.

This, of course, worked much better on  paper than it did in reality as there  

were quickly many laws which overlapped with  others or were simply outdated. In addition,  

as Rome’s borders grew it had to deal  with the fact that it now controlled an  

increasing number of non-citizens who were  not covered by early laws. In many cases,  

local laws were simply allowed to stand with  Roman magistrates interceding as necessary. Over  

time however Roman law would expand to deal with  these provincial subjects. Adding to this mess was  

the conflict of the orders whereby the plebeian  city-dwellers were constantly fighting for more  

rights and privileges. By 287 BCE, they had won  a great victory: the lex Hortensia was adopted,  

declaring that resolutions passed by the  plebeian assembly applied to all the people  

of Rome. This gave the tribunes of the plebs -  who called the assembly - similar legislative  

power to the consuls, a friction point which  would prove unsustainable in the long term.

For some time, the Senate and the assemblies  seem to have worked quite well together.  

As a general principle, the Senate did not  interfere in assembly affairs and in return  

the people granted the Senate such respect  that its resolutions, the "Senatus Consulta",  

had the unofficial force of law. This harmony,  however, all but collapsed in the mid to late  

second century BCE due to a variety of  factors including the concentration of  

wealth and political power resulting from  Rome’s dramatic rise on the world stage.

At first, disagreements were handled using the law  and in accordance with the “Mos Maiorum” or the  

“Way of the Ancestors”. But as tensions mounted  between factions such as the populares and the  

optimates, the law was increasingly twisted by  either side looking to gain an edge. Bit by bit,  

political norms frayed until the law itself was  stretched to the breaking point. Great disputes  

repeatedly flared up over "agrarian laws" which  dealt with land and wealth distribution. Soon  

you had tribunes and consuls both passing  laws aimed at undermining one another’s  

efforts. This tit for tat gridlock ultimately  led some to seek solutions outside of the  

law. Violence was the ultimate result which  eventually led to the fall of the Republic.

But before we get there I did want to mention  another very important development in the  

law of the Late Republic. This would be the  rise of the “jurists”. In essence they were  

a semi-professional class of legal experts who  emerged to deal with the increasing complexity  

and technicality of Roman law. Their efforts  were significant in that, for the first time,  

Rome had individuals who treated the study of  law much like a science. They thoroughly examined  

precedent and the actual texts of the laws in  order to act as premier legal specialists in a  

world where there was no one place someone  could actually look to find THE law. Thus  

anytime a new law was passed or a new case was  heard by the courts, jurists would be there to  

offer learned commentary. They gave advice  on questions, helped with filling out forms,  

drafted legal documents, and educated those who  wished to follow in their footsteps. Thus in  

the late Republic we see the foundation  being laid for a true legal community.

The chaos of the civil war which brought down the  Republic certainly complicated matters when it  

came to the law. To put things bluntly, might made  right and everything else was a facade. Finally,  

in 31 BC, Augustus defeated Mark Antony at the  Battle of Actium to emerge as the undisputed  

master of Rome. Yet Augustus knew that the people  would reject a monarch and thus devised a means  

to cloak his power within the old republican  system. This was achieved by restoring the  

traditional offices, public assemblies,  and voting. At the same time however,  

Augustus would be uniquely granted legal powers  which had previously been divided across several  

positions. In this way he could avoid wearing the  toxic crown of dictator and instead wear multiple  

discrete crowns which together actually wielded  the same if not more power. Thus Augustus reigned  

humbly as the “princeps”, or the first man of the  senate, whilst actually playing the role of puppet  

master. Though this may seem quite tyrannical,  in the context of the recent civil wars,  

it was quite an elegant and effective way  to restore law and order. But power once  

consolidated is difficult to disperse and the  Roman Republic made its transition to Empire.

So how did the law work in this era? Well for  starters you still had a lot of holdover from  

the Republican days in the form of customary  and written law. At the beginning new changes  

were not directly legislated by the princeps.  Instead he used his tribunate power to call the  

assembly and propose a law - to which the Senate  would then grant its approval. Alternatively,  

he would call the Senate and have them  issue a "Senatus Consultum" - which quickly  

gained the power of an official law. While this  hypothetically offered more power to the Senate,  

in reality it only helped the Emperor to  expedite his decrees. His control over the  

Senate was so complete that these Senatus Consulta  were seen as having come directly from the Emperor  

himself - and oftentimes, it was simply more  convenient for him to summon the Senate than it  

was for him to call the assembly. Over time, these  formalities fell away, and the entire assembly was  

dissolved before the end of the first century. The  edicts of the emperor became law unto themselves,  

eschewing the formalities that were  required when the Empire was young.

But even if the way in which laws could be passed  grew simpler, the body of law was increasingly  

complex. As we stated before, there was no ONE  place to find what the law said. Instead you  

had to look through an entire library of  texts in Rome, refer to court precedent,  

and exam magisterial edicts all of which could  overlap and contradict. In addition you had  

all the complexities of dealing with non-citizen  subjects of the empire and foreigners, a category  

of the law which we’ve barely even touched  on. As you can imagine, it was quite the mess.

This is where the jurists made a triumphant  return to bring some semblance of order to  

the law. But of course they would not be  allowed to do so without some mechanism of  

imperial control. To this end Augustus had created  something called “the power of speaking with the  

authority of the princeps" which he issued  to a handful of the most prominent jurists.  

Other jurists were certainly allowed to  continue practicing, and judges were not  

explicitly required to follow the decisions  of the chosen jurists….but in practice,  

it was nearly impossible for a judge to  ignore the writ of the emperor. In the case  

of a disagreement between two ordained jurists, a  judge could just choose the more relevant opinion.

Over time these jurists took on a more  formal role in the legal process and  

evolved into something we would recognize today  as lawyers. They gave counsel to magistrates,  

officials, and judges; they assisted civilians  in drafting legal documents and transactions;  

they advised litigants, argued cases in court; and  were professional teachers of the law which had  

become a formalized part of the Roman education.  Perhaps most important of all, they wrote  

extensive treatises and textbooks on the theory  of law itself. Their work was fundamental to the  

expansion of Roman jurisprudence and played a key  part in the management of the Empire. In fact,  

many of these works would be captured in the  famous “Code of Justinian” of the 6th century AD.

Ultimately Roman law, honed over the centuries,  would prove the foundational to the success of  

not only their civilization but the many  civilizations which followed in their  

footsteps. Even today we can find many echoes of  Roman law in the Civil Law and Common Law systems  

practiced across the world or in latin terms used  to describe all sorts of legal principles. There  

is so much more to discuss when it comes  to Law and Order in the ancient world but  

today this is where we will end our episode.  Stay tuned for more fascinating videos in  

this series where we will be covering topics  like Roman courts, police, jails, and more.

A huge thanks to all our Patrons who help  fund this channel and all the researchers,  

writers, and artists who made this  video possible. See you in the next one!