Background of Roman Legal Principles: Roman history
Region of central western Italy in which the city of Rome was found and
grew to be the capital city of Roman Empire. Located on the left bank of
the River Tiber, it was a small triangle of fertile, volcanic soil on which
resided the tribe of the Latins. (Source: Wikipedia)
The Imperial Period
31 BC 565 AD
The Republican Period
510 BC 31 BC
The Regal Period (Ruled by the Kings)
753 BC 510 BC
The social unit was the patriarchal family, in which
the highest living ascendant was the sole
proprietor and at the same time the judge and
priest.
Kinship was reckoned exclusively through males.
The family consisted of a group subject to the
power of a living male ascendant (paterfamilias)
The agnates comprised of these and all other
known to be descended through males from a
common ancestor no longer living.
Outside these was the gens or clan, whose
members had a common name and a common
worship.
They supposed themselves related to one
another by descent from a common ancestor,
though the relationship was imaginary or too
remote to be traced
Most ancient legislative assembly (Assembly of
the People)
An inner body of this comitia would form the
Senate.
Method of Voting: each curiae had one vote,
and the measure was carried out or lost
according to the rule whether the majority of
the curies voted for or against it.
Functions:
› Rarely passed laws of general application
› Usually authorized departures from
settled custom
› Had no right of discussion or amendment
› No change affecting public or private law
could be made without its consent
Administrative and deliberative council of
nobles
Experience and social influence of its
distinguished members made it difficult for the
King to neglect their advice.
In important affairs the King did not determine
course of action without consulting with the
senate.
Election of a King
Examine laws passed in the public assembly
Giving Counsel to the King
Head and Ruler of the Roman Community
He had the power of life and death over
citizens.
To him belonged the command of the Army, the
administration of justice and the general
superintendence of religion
The King was elected for life by the comitia
upon the proposition of a senator.
The laws of early kings were customs
consisting mainly of religious rules.
These laws were first rudiments of
jurisprudence
When legislation was resorted to, it was
generally to confirm, add to or modify, rather
than to supersede, these primitive usages
First class: 20 acres of land
Second class: 15 acres of land
Third class: 10 acres of land
Fourth class: 5 acres of land
Fifth class: 2 acres of land
First class: 20 acres of land : 80 centuries of soldiers
Second class: 15 acres of land: 20 centuries of
soldiers
Third class: 10 acres of land: 20 centuries of soldiers
Fourth class: 5 acres of land: 20 centuries of soldiers
Fifth class: 2 acres of land: 30 centuries of soldiers
18 centuries of cavalry made up of richest patricians
and 5 centuries of musicians, working men and
complementary men