INTRODUCTORY NOTE

§ 99 The role of the jurists in the development of the Roman law of the classical epoch is of primary importance, directly or indirectly affecting all phases of the evolution of the law.

POMPONIUS, Libro singulari enchiridii (D. 1.2.2.5)

When these laws (XII Tables) were enacted, discussion in the forum became neces­sary - as naturally is wont to happen, that interpretation requires the guidance of the learned in the law. This discussion and this law. which in unwritten form was developed by the learned, is not specifically named-as the other parts ofthe law have been designated by names, since special names have been given to the other parts - but is referred to by the general name ius civile.

Technically, the contribution of the jurists has been said not to have the character of a formal source of the law,¹ though the opposite view has been advanced.¹ Nevertheless, jurists’ law constitutes the major element in the totality of the private law of the classical period. In the presentation herein it seemed best to treat of juristic activity in general (| § 100-02), to point up several crucial phases of the participation of the jurists in the development of the law (§ I 103-07), and then to interpose biographical data respecting the individual jurists (§ § 108-31). After that, attention is turned to the nature of jurists’ law - with its relation to interpretatio iuris- and follow this with an exposition of the methods employed by the jurists in fashioning the law ^{[599] [600] [601] (§§ 132—34).}

Up to a quarter of a century ago there existed no general work devoted to juristic science. Then appeared Schulz’s fundamental treatise? which seemed to fill the gap in the field completely. Schulz’s work, however, was typical of his individualistic approach, and reference still has to be made to earlier standard works on the history of Roman law.* In addition, there has been an upsurge in research upon the activities of the Roman jurists in the last decade, particularly in attempts to analyze the methods employed by the members of that group in the fashioning of the law? Recent bibliographies provide references to current studies in this sphere?

A.