The classical period

The classical period of Roman law largely coincides with the first part of the imperial era, referred to as the Principate. With the establishment of a new form of government under Augustus in the late first century BC the political and social upheaval that marked the closing years of the Republic came to an end.

During the first two centuries of the Empire Rome consolidated its position as the dominant power in the Mediterranean world and, under the conditions of peace and security that prevailed within the boundaries of the empire, trade and industry flourished and Roman culture reached its highest level of achievement. However, the first symptoms of a new crisis began to appear in the second century AD and became more apparent in the closing years of that century: a weakening of Rome's political system and the rise of the army as the decisive power factor, lack of economic equilibrium and economic stagnation, social unrest, and the emergence of new enemies on the empire's frontiers. All these and other factors interacted to intensify and spread the crisis during the third century. In the closing years of that century, under a line of strong emperors, the crisis was finally checked and a temporary revival materialised, but only at the cost of establishing a despotic government and a rigidly regulated society.

Roman law reached its full maturity in the classical period and this was largely due to the creative work of the jurists and their influence on the formulation and application of the law. From the early years of the Principate it became customary for the emperors to grant to the most influential jurists the right to give opinions on questions of law (ius respondendi) and to deliver them by the emperor's authority. In the later half of the second century the opinions of the jurists who had been granted this right, when in agreement with each other, came to be regarded as authoritative sources of law and as legally binding. Besides dealing with questions pertaining to the practical application of the law, the jurists were also engaged in the teaching of law and the writing of legal treatises. Most of the fabric of Roman law, as it is known to us today, was built upon the writings of the leading jurists of this period. During the same period the resolutions of the senate and the decrees of the emperors came to be regarded as authoritative sources of law. On the other hand, the influence of the magisterial law (ius honorarium) on the development of Roman law gradually weakened as praetorian initiatives became increasingly rare. The final codification of the praetorian edict in 130 AD put an end to the ius honorarium as a distinct source of law.

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Source: Mousourakis George. The Historical and Institutional Context of Roman Law. Routledge,2003. — 480 p.. 2003

The classical period

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