Roman Empire: Roman Law

The Roman Empire is held by historians to dominate the period between the first and fifth century C.E. During its 500-year reign, the Empire was characterized by a form of autocratic government that has been recognized both for its brutality and its comparatively modern version of the law. Its legacy includes contributions to architecture, culture, laws, and religion (namely, Christian institutionalization) – all of which continue to heavily influence the modern Western civilization.

Roman Law in the Time of Jesus

The concept of "Roman law" encompasses more than 1,000 years of legal development from 450 B.C.E. and the law of the twelve tables, to 530 B.C and the Corpus Juris Civilis. It was this latter set of laws that would become the premise under which the legal systems of the subsequent Byzantine Empire as well as continental Europe would be based.

Because the Romans did not base their legal system around a centralized and codified set of laws, what is known about the nature of Roman law remains somewhat fragmented. That being said, the twelve tables are widely considered to be the first legal texts to have been developed. Interestingly, this document does not have the objective of outlining the treatment of individual cases in accordance to the law. Rather, it is designed to amend existing laws, in particular those pertaining to private and civil procedures. In any case, the most significant development during the early phases of the Roman Empire was the growing emergence of an elite class of jurists, who were dedicated to applying a more scientific approach to the law.

In the period of 201 to 27 B.C.E., the emerging Empire adopted a more flexible approach to the law. In particular, a new juridical class was being created: the ius honorarium, which were comprised primarily of praetors. A praetor was either a military commander or an elected magistrate. Although not technically able to create new laws, a praetor’s rulings did have legal authority. This is significant as during the time of Jesus the praetors had significant influence over the way the laws were delegated.

After 63 B.C.E., when the Romans captured Jerusalem, their law began to be imposed on what was formerly the independent Jewish state of Palestine. The Romans quickly implemented laws pertaining to taxation, censuses, and heathenry that were, unsurprisingly, very unpopular amongst the Jewish community. Of particular contention was the issue of taxing of Jewish ancestral land, as many feared this would lead to its appropriation by the Romans.

In protest, the Jews staged uprisings, but that only resulted in the death of some 2,000 insurgents, and an estimated 20,000 more being sold into slavery.