Habawel, Montavani L.
Legal Research and Writing | 1-G
Atty. Roney Jone P. Gandeza
Evolution of Roman Legal Sources and Juristic Thought:
From Archaic Origins to the Justinian Compilation
An Overview of Legal Development, Juristic Function, and Principal Writings across
Roman Periods with a Focus on Classical Jurisprudence and Codification
Sources of Law in Ancient Rome
In the archaic period of Roman law, legal sources were mainly customary and religious in nature.
The earliest laws were based on customs and traditions that evolved over time. The Lex Regia,
which granted kings the authority to make laws, was one of the earliest legal sources.
Additionally, the mos maiorum (custom of the ancestors) played a significant role in shaping
Roman law, guiding social behaviors, and establishing norms for governance. Religious texts,
like the Pontifical Laws and Fasti, also provided legal frameworks for various societal practices
(Jolowicz, et al., 2025).
With the establishment of the Roman Republic, the sources of law expanded in the republican
Period. The key sources of law were the Leges (laws passed by popular assemblies), Plebiscita
(laws passed by the plebeian assembly), Senatusconsulta (decrees of the Senate), and Mos
Maiorum (customs of the ancestors). The Twelve Tables (451-450 BCE) became a cornerstone of
Roman legal tradition and codified laws, offering a more structured approach to legal principles
(Jolowicz, et al., 2025).
During the Imperial period, the sources of law grew more centralized under the authority of the
emperor. Key legal sources included imperial decrees (Edicts), Constitutiones (imperial
legislation), Jus Gentium (law of nations), and Jus Civile (civil law). The emperor, as the
supreme authority, had the power to enact laws that were applicable to the entire empire,
including provinces (Jolowicz, et al., 2025).
The Post-Classical period saw a shift toward the use of the Corpus Juris Civilis (Body of Civil
Law) compiled by Emperor Justinian, which served as a foundation for later medieval European
legal systems. The sources of law during this period were influenced by the remnants of Roman
law and Christian doctrine, with legal texts often interpreted and applied through Christian
perspectives (Jolowicz, et al., 2025).
The Corpus Juris Civilis, or Justinian Code, was a monumental compilation of Roman law and
served as a significant source of law for the Byzantine Empire and later medieval Europe. It
consists of four parts: the Codex (a collection of imperial decrees), the Digest (jurisprudential
opinions), the Institutes (a textbook for legal education), and the Novels (subsequent imperial
decrees) (Watson, 1991).
Function of a Jurist
A jurist (Latin: iurisconsultus) was an expert in law who provided legal opinions, interpretations,
and advice, often serving as advisors to the magistrates or emperors. Jurists had a significant
influence on the development and application of legal principles, as their opinions were often
regarded as authoritative. They contributed to the formulation of legal doctrines and were
instrumental in the codification of law, particularly in the imperial period. In the Republican
Period, jurists such as Gaius and Publius Mucius Scaevola were notable for their legal writings
and contributions to Roman law. In the Imperial Period, prominent jurists in this era included
Ulpian, Papinian, Modestinus, and Pomponius, whose works were incorporated into the Digest
of the Corpus Juris Civilis. These jurists' interpretations and legal reasoning have continued to
influence legal thought to this day (Encyclopedia Britannica, 2025).
Principal Categories of Classical Juristic Literature in the Imperial Period
The Principal Categories of Classical Juristic Literature in the Imperial Period primarily
encompass Imperial Legislation, Jurists' Writings, and the Digest of Law. These elements
collectively formed the bedrock of legal development in the Roman Empire and significantly
influenced later Western legal systems.
The first category is the Imperial Legislation (Constitutiones Principum). Imperial legislation
refers to the laws issued directly by the Roman emperors, who increasingly assumed legislative
authority during the imperial period. Over time, this form of law became paramount,
overshadowing the older Republican legislative assemblies. The forms of Imperial Legislation
are: 1. Edicts (Edicta) which were general proclamations made by the emperor, intended to have
wide application. While similar in form to the edicts issued by magistrates during the Republic
(like the praetorian edicts), imperial edicts carried far greater authority. They often addressed
administrative, military, or moral issues, and were binding upon the population; 2. Mandates
(Mandata) which were administrative instructions or directives given by the emperor to officials,
particularly governors of provinces. While not originally intended as public law, mandates often
had de facto legal force due to their influence on local governance and judicial decision-making;
3. Rescripts (Rescripta) which were written replies by the emperor to specific legal inquiries,
typically posed by magistrates, governors, or even private citizens. These responses were
case-specific, but they often came to be treated as precedents and were thus incorporated into
broader legal practice and; 4. Decrees (Decreta) which were judicial decisions made by the
emperor himself when presiding over legal cases. In these instances, the emperor functioned as a
supreme judge, and his rulings were authoritative. Decrees helped shape substantive law by
clarifying or establishing legal principles. Collectively, these instruments reflected the
centralization of legal authority in the person of the emperor and the transition from a republican
to an autocratic legal framework (Wauters & de Benito, 2017).
The second category are Jurists' Writings. Roman jurists played a vital role in the interpretation,
development, and teaching of law. Their writings, often scholarly and systematic, shaped legal
education and practical jurisprudence. These works were instrumental in clarifying complex
legal doctrines and providing guidance for judges and administrators. Jurists analyzed existing
laws, provided opinions (responsa), and discussed hypothetical cases. Their legal reasoning often
influenced how laws were applied in real-world situations. Under the reign of Emperor Hadrian
and his successors, certain jurists were granted ius respondendi ex auctoritate principis—the
right to give binding legal opinions under imperial authority (Wauters & de Benito, 2017).
The third category are the Digests of Law (Part of the Corpus Juris Civilis). In the 6th century,
Emperor Justinian I undertook a monumental effort to preserve and codify Roman law. The
result was the Corpus Juris Civilis (Body of Civil Law), a cornerstone of Western legal tradition.
Some components of the Corpus Juris Civilis are: 1. The Codex Justinianus (Code) which was a
collection of imperial constitutions and legislation from previous centuries, organized for
accessibility and clarity; 2. Digest (or Pandects) which was perhaps the most significant part for
juristic literature, the Digest compiled excerpts from the writings of over thirty Roman jurists,
including Ulpian, Paulus, and Gaius. It preserved the intellectual heritage of classical
jurisprudence and made it available in an organized form; 3. Institutes which was a legal
textbook for students, modeled after Gaius’s Institutes, introducing the principles of Roman law
and; 4. Novellae Constitutiones (Novels) which were new laws issued by Justinian after the
initial publication of the Codex.
The Digest represented a massive scholarly and administrative effort. Compiled by a commission
led by the jurist Tribonian, it distilled centuries of juristic thought into an authoritative legal text.
The Digest not only preserved Roman legal thought but also set a standard for future legal
codifications in medieval and modern Europe.
Notable Jurists and Works
Some notable jurists in the Imperial period whose works are still relevant are: 1. Gaius, whose
work, the Institutiones, served as an elementary legal textbook and became a foundational source
for legal education which became a primary source for understanding Roman law and was used
in legal education. Gaius organized Roman law into a systematic structure that influenced later
codifications; 2. Ulpian, who was one of the most prolific and respected jurists of the 3rd
century. His writings covered a wide range of legal topics and were heavily cited in later legal
compilations. He was a prolific legal scholar and his works influenced the development of
Roman law and were widely cited in the Digest and; 3. Other jurists which include Papinian,
Paulus, and Modestinus who also contributed significantly to Roman legal thought, and their
opinions were incorporated into later compilations, especially the Digest. They were known for
their legal acumen and contributions to Roman jurisprudence, Papinian’s writings were highly
regarded, and his opinions were considered authoritative during the reign of Emperor Carus.
These jurists are still considered legal luminaries due to their influence on the development of
Western legal thought (Atzeri, 2019).
Abbreviated Citation of the Theodosian Code or Justinian Compilation
Harvard Law (2013) provides that an abbreviated citation for the Codex Theodosianus is CTh
followed by the book, title, and constitution numbers. For instance, a specific constitution might
be cited as "CTh 9.40.2". Similarly, for the Codex Justinianus (Justinian's Code), the
abbreviation is C. or Cod. or CJ, also followed by the book, title, and constitution numbers. An
example would be "C. 2.45.3". CTh is the standard abbreviation for the Codex Theodosianus,
which was a compilation of Roman imperial laws issued before and during the reign of
Theodosius II. C. or Cod. or CJ: These are the abbreviations used for the Codex Justinianus,
Justinian's compilation of Roman law, formally known as the Corpus Juris Civilis. Book, Title,
Constitution Numbers: Following the abbreviation, the specific section of the code is identified
using the book, title, and constitution numbers. For example, CTh 9.40.2 would refer to book 9,
title 40, constitution 2 of the Theodosian Code (Harvard Law, 2013).
References
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Crook, J. (2007). Law and Life of Rome: 90 BCE-212 CE. Thames & Hudson.
Frier, B. (2001). Roman Law and the Legal World of the Romans. Cambridge University
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Harvard Law. (2013). Corpus Iuris civilis citation form. Welcome to the Ames
Foundation.
https://amesfoundation.law.harvard.edu/digital/CJCiv/CitationForm.shtml
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