The Old Roman World : the Grandeur and Failure of Its Civilization.Lord, John
History
The Old Roman World : the Grandeur and Failure of Its Civilization.
Lord, John
Rome -- Civilization
rescripts of emperors took the place of all legislation.
[Sidenote: Q. Mucius Scaevola.]
The golden age of Roman jurisprudence was from the birth of Cicero to
the reign of Alexander Severus. Before this period it was an occult
science, confined to praetors, pontiffs, and patrician lawyers. There
were no books nor schools to teach its principles. But in the latter
days of the republic law became the fashionable study of Roman youth,
and eminent masters arose. The first great lawyer who left behind him
important works, was the teacher of Cicero, Q. Mucius Scaevola, who wrote
a treatise in eighteen books on the civil law. "He was," [Footnote:
Cicero, _De Or._ i. 39.] says Cicero, "the most eloquent of
jurists, and the most learned of orators." This work, George Long
thinks, had a great influence on contemporaries and on subsequent
jurists, who followed it as a model. It is the oldest work from which
there are any excerpts in the Digest.
[Sidenote: Servius Sulpicius.]
[Sidenote: Labeo.]
[Sidenote: Gaius.]
[Sidenote: Papinian.]
[Sidenote: Paulus.]
Servius Sulpicius, the friend of Cicero, and fellow-student of oratory,
surpassed his teachers Balbus and Gallus, and was the equal in
reputation of the great Mucius Scaevola, the Pontifex Maximus, who said
it was disgraceful for a patrician and a noble to be ignorant of the law
with which he had to do. Cicero ascribes his great superiority as a
lawyer to the study of philosophy, which disciplined and developed his
mind, and enabled him to deduce his conclusions from his premises with
logical precision. He left behind him one hundred and eighty treatises,
and had numerous pupils, among whom A. Ofilius and Alfenus Varus, Cato,
Caesar, Antony, and Cicero, were great lawyers. Labeo, in the time of
Augustus, wrote four hundred books on jurisprudence, spending six months
in the year in giving instruction to his pupils, and in answering legal
questions, and the other six months in the country in writing books.
Like all the great Roman jurists, he was versed in literature and
philosophy, and so devoted to his profession that he refused political
office. His rival, Capito, was equally learned in all departments of the
law, and left behind him as many treatises as Labeo. These two jurists
were the founders of celebrated schools, like the ancient philosophers,
and each had distinguished followers. Masurius Sabinus Gaius and
Pomponius, were of the school of Capito. M. Cocceius Nerva, Sempronius
Proculus, and Juventius Celsus, were of the school of Labeo. Gaius, who
flourished in the time of the Antonines, was a great legal authority;
and the recent discovery of his Institutes has revealed the least
mutilated fragment of Roman jurisprudence which exists, and one of the
most valuable, and sheds great light on ancient Roman law. It was found
in the library of Verona. No Roman jurist had a higher reputation than
Papinian, who was _praefectus praetorio_ under Septimius Severus, an
Public-domain text, read in full here on John Shaqi.
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