Divisions of Roman Legal and Constitutional History

The history of Roman law may be divided into periods in different ways, depending on the nature of the developments taken to provide the requisite historical landmarks.

In general, Roman history falls into three major periods that correspond to Rome's three successive systems of political organisation:

(i)    The Monarchy - from the founding of Rome in the eighth century BC to the end of the sixth century BC.

(ii)   The Republic - from the end of the sixth century BC to the battle of Actium in 31 BC, or the transformation of the Roman constitution under Augustus in 27 BC. The republican era is subdivided into two phases: the early Republic (509 BC to 367 BC), and the later Republic (from 367 BC to 31 or 27 BC).

(iii) The Empire - this period begins in 31 or 27 BC and ends, for the western Roman empire in 476 AD with the overthrow of the last emperor of the West, and for the eastern Roman empire in 565 AD with the death of Emperor Justinian. The imperial era is subdivided into two parts: the Principate (from 31 or 27 BC to 284 AD), and the Dominate (from 284 AD to 476 AD for the western empire and to 565 AD for the eastern empire).

According to one approach, Roman legal history follows these divisions as the various legal institutions adapted themselves to the type of government in power.

Roman legal history may also be divided into periods by reference to the modes of law-making and the character of the legal institutions that came to prevail in different epochs. In this respect, the history of Roman law may be divided, roughly, into four phases:

(i)    The archaic period - from the eighth century BC to the third century BC.

(ii)   The pre-classical period - from the third century BC to the beginning of the Principate in the first century AD. This phase covers the later Republic and the early years of the Principate.

(iii) The classical period - from the first century AD to the middle of the third century AD.

(iv)  The post-classical period - from the middle of the third century AD to the middle of the sixth century AD. This period covers the later part of the Principate and the Dominate.

The above divisions will provide a suitable framework for the discussion of Roman legal histoiy as presented in this book. Before we proceed to examine the development of Roman society and its law in some detail, an outline of the general features of each historical period will be offered in the following paragraphs.