Learning Objective: Students will learn about the patterns of legal development and its administrative background in ancient Roman society.

1. HISTORY OF ROMAN
LAW
Preeti Kana Sikder
Lecturer
Department of Law & Justice
Jahangirnagar University

2. JULIUS CAESAR

3. OCTAVIOUS OR
OCTAVIAN OR
AUGUSTUS CAESER
23 September 63 BC
– 19 August 14 AD

4. LAW MAKING POWER OF
THE EMPEROR
Oratio
Edictum
Mandatum
Decretum
Rescript
Epistola

5. STAGES OF ROMAN
JURISPRUDENCE
Secrecy Popularisation Systematisation

6. AGE OF SECRECY
Pontiffs/Priests:
• Since Regal Period they were the repository of law
• They were skilled legal advisers at the court of the
Kings, the Consuls.
• Belonged to them:
• Custody of the Twelve Tables,
• Exclusive knowledge of the forms of procedure or actions
(legis actiones),
• Right of interpreting the law.

7. AGE OF SECRECY
Pontiffs/Priests:
• Responsa - Opinions on points of law to the
judges and the private persons. These were
binding on the judges
• Indirectly developed the law by means of
interpretation of the written law.

8. STAGE OF
POPULARISATION
 Jus Flavianum:
• Gnaeus Flavius, a secretary of a pontiff, stole abstracts from his master’s
book on legis actiones. He later wrote down such forms of actions and
published it.
 Jus Aelinanum/Tripertita:
• The flavian collections being imperfect, a second supplement was
published by Sextus Aelius, who was a Consul.
• Contained three parts –
• Laws of Twelve tables
• Interpretation of twelve tables
• Legis Actiones

9. AGE OF SYTEMATISATION
Privileged Jurists (Responsa Prudentium):
• A consul exposed the results of interpretations
into a comprehensive and methodical system in
18 books
• Commentaries on Praetor’s edicts were published
• Emperor Augustus conferred on the jurists the
privilege of delivering authoritative responsa
binding on the judges