Ancient Roman law wasn't a monolithic system, but a constantly evolving tapestry woven from custom, precedent, and explicit legislation. Understanding its terminology is key to grasping its complexity. This section lays the groundwork for navigating the vast landscape of Roman legal thought.
The overarching term for law in general, encompassing both natural law (ius naturale) and human-made law (ius humanum). It represented the principles governing society and individual conduct.
Primarily refers to a formal written law enacted by the Roman Senate or the people. The word itself derives from the idea of "weighing" – a reference to the process of voting on legislation.
Initially, the Praetor was a high-ranking military officer. Over time, the office evolved into a judicial role, with Praetors issuing edicts that provided legal guidance and interpreted existing laws. Their edicts formed the basis of Roman law, particularly in the absence of formal legislation.
Literally “acts” or “deeds,” this refers to the facts and circumstances surrounding an event. Establishing the res gestae was crucial in determining the validity of a legal claim. The ‘truth of the matter’ was paramount, often overriding formal rules.
The public treasury, representing the state's wealth and resources. Legal disputes frequently involved questions of property rights and access to the fiscus.
The legal claim or basis of a lawsuit. It's the reason why a legal action was brought before a court. The causa outlined the harm suffered and the remedy sought.
A specific legal formula or procedure used to bring a lawsuit. There were many different actios, each designed for a particular type of claim (e.g., actio formularia, actio per condictionem). Choosing the correct actio was critical to success.
Roman law relied heavily on specific procedures for resolving disputes. These were formalized through the various actios.
One of the earliest and most fundamental actios, based on the principle of “equity.” It addressed situations where a formal legal remedy was unavailable, often involving a private agreement between the parties.
A procedure for recovering a debt. The plaintiff would physically seize the defendant's property (usually a slave or chattel) as a means of enforcing the debt. This was a common procedure for commercial transactions.
A lawsuit against a thing (res) itself, rather than a person. This was used to recover ownership of property that had been stolen or lost. It established a strong emphasis on property rights.
Based on the principle of “friendship.” This actio was used to recover a debt where the plaintiff and defendant were known to be friends. It demonstrated a level of trust and social connection within the legal system.
A legal term meaning “none” or “nothing.” It was used to defend against a claim by arguing that the plaintiff had no legal basis for their claim – effectively, that the claim was invalid from the outset.
The actual harm or loss suffered by the plaintiff. Determining the damnum was crucial in calculating the amount of compensation to be awarded.
A legal obligation or debt. Roman law developed sophisticated mechanisms for managing and enforcing obligatios, including various types of contracts and guarantees.
Roman law had distinct notions of responsibility and liability, often influenced by social status and relationships.
A civil wrong or tort, giving rise to legal liability. It was the foundation of Roman private law, encompassing a wide range of wrongful acts.
A principle stating that a person was liable for harm caused by their actions, regardless of how the harm occurred. This concept emphasized responsibility for the consequences of one’s actions.
Refers to a person's social standing or legal position. A person's status (e.g., citizen, slave, patrician, plebeian) significantly impacted their legal rights and obligations. Different statuses carried different levels of protection and responsibility.
The “family head,” typically the father, who had ultimate authority and responsibility within the family. This concept profoundly influenced Roman law, particularly in matters of inheritance and family relations.
The return of a stolen property to its owner. This highlighted the importance of property rights and the state's role in restoring lost property.