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Roman Law History and Sources
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1
Question
What distinguishes the origin of politics from that of law in Western culture?
Answer
Politics originates from Greece (organization of power for common good); law from Rome (judgments on socially exigible conduct for justice).
2
Question
How is Roman law defined as an 'art of the good and the just'?
Answer
It serves justice by providing solutions adjusted to concrete conflicts through juristic technique.
3
Question
What role does the jurist play in Roman law's importance?
Answer
Applies technical knowledge and language to formulate justice criteria adapting social order to specific cases.
4
Question
What differentiates private law from public law in Roman context?
Answer
Private law: autonomy and jurists resolving conflicts between persons over things; public law: state-created for public interest and power organization.
5
Question
What are the three foundational elements of Western culture and their sources?
Answer
Cosmovision from Jerusalem, rational thought from Athens, social organization from Rome.
6
Question
How does studying Roman law serve a propaedeutic function?
Answer
Teaches handling of legal technique and language.
7
Question
What is the critical dogmatic function of studying Roman law?
Answer
Provides technical perfection as a counterpoint to critique modern law and understand its origins.
8
Question
What are the two major formulations of Roman law?
Answer
Law of the Twelve Tables (mid-5th century BC) and Justinian's Compilation (early 6th century AD).
9
Question
How does social organization influence Roman law while maintaining its autonomy?
Answer
Political forms affect law, but law requires independence to fulfill its justice function.
10
Question
What characterizes the Monarchy period in Roman constitutional history?
Answer
From founding to 509 BC; elective kingship moderated by Senate (advisory) and curiate comitia (acclamation).
11
Question
What defines the Republic period in Roman constitutional history?
Answer
509-27 BC; balance of magistrates' potestas, Senate's auctoritas, and people's maiestas; assemblies for laws and elections.
12
Question
What key assemblies existed in the Roman Republic?
Answer
Comitia curiata (major laws, superior magistrates), comitia tributa (minor laws, inferior magistrates), concilia plebis (tribunes, plebeian aediles).
13
Question
What were the main Republican magistracies and their roles?
Answer
Consuls (supreme power), Praetors (jurisdiction), Censors (census), Aediles (city care), Quaestors (finances).
14
Question
How did the Senate contribute to Republican stability?
Answer
Designed foreign policy, controlled public treasury; its senatusconsulta carried authority.
15
Question
What marked the early Republic's consolidation?
Answer
Political-social tension between patricians and plebeians, leading to plebeian integration.
16
Question
What characterizes the Principate in Roman constitutional history?
Answer
27 BC-235 AD; princeps restores republican institutions, concentrates power, authority, and religious headship; controls Senate.
17
Question
What defines the Dominate period in Roman constitutional history?
Answer
284-1453 AD; absolute imperial power, citizens become subjects.
18
Question
What event marks the start of the pre-classical period in Roman legal history?
Answer
Law of the Twelve Tables (450 BC), coinciding with early Republic.
19
Question
What features defined pre-classical Roman law?
Answer
Ius civile with formal, ritual actions; patriarchal, exclusive to citizens; agrarian focus; secularized from religion.
20
Question
How did the Law of the Twelve Tables impact Roman society?
Answer
First written public formulation of traditional law; equalized patricians and plebeians; basis for ius civile vetus.
21
Question
What characterizes the classical period in Roman legal history?
Answer
Crisis of Republic to most of Principate; creation of ius honorarium and ius gentium alongside ius civile.
22
Question
What distinguishes ius civile from ius honorarium?
Answer
Ius civile from laws, plebiscites, senatusconsulta, jurists; ius honorarium from praetorian edicts to aid, supplement, correct civil law.
23
Question
How does ius civile differ from ius gentium in application?
Answer
Ius civile for Roman citizens only; ius gentium for Romans and foreigners, based on fides in unequal relations.
24
Question
What is ius naturale in Roman law?
Answer
Law from the nature of things, especially human nature; inherent rights by being human.
25
Question
What defines classical Roman law's character?
Answer
Private (conflicts between individuals over things); urban (city of Rome); jurisprudence as primary source.
26
Question
What are the three sub-stages of the classical period?
Answer
Early (130-30 BC: Republic crisis); Central (30 BC-130 AD: early Principate, ius respondendi); Late (130-230 AD: Hadrian, bureaucratized jurisprudence).
27
Question
What marks the post-classical period in Roman legal history?
Answer
End of Principate through Dominate; jurist decline, vulgarization; Justinian's Compilation integrates jurist texts and imperial laws.
28
Question
What are the four parts of Justinian's Compilation?
Answer
Institutions (manual); Digest (classical jurist texts as law); Codex (laws to Justinian's time); Novellae (post-Codex laws).
29
Question
Why is the Digest significant in Roman law?
Answer
Primary source for knowledge of classical Roman law, converting jurist texts into applicable laws.
30
Question
What is the distinction between auctoritas and potestas in Roman law sources?
Answer
Auctoritas: socially recognized knowledge (Senate, jurists); potestas: socially recognized power (magistrates).