The Roman Jurists’ Conception of Law

Abstract

The Roman jurists were the first professional legal specialists. They appeared in the second half of the Roman Republic and they were required because of the technicality of the Roman legal process.

All English translations are by the author unless otherwise indicated. Sections 1.7, 1.10–1.11, 1.13–1.14, reproduce and reframe revised versions of excerpts taken, respectively, from the following essays by P.G. Stein: Equitable Principles in Roman Law, in Equity in the World’s Legal Systems, ed. R.A. Newman, Brussels, Etablissements Emile Bruylant, 1973; Elegance in Law, Law Quarterly Review 77 (1961): 242–56; The Digest Title, De diversis regulis iuris antiqui, and the General Principles of Law, in Essays in Jurisprudence in Honor of Roscoe Pound, ed. R.A. Newman, Indianapolis, Bobs-Merrill, 1962. There are instances where we have been unable to trace or contact the copyright holder. If notified, the publisher will be pleased to rectify any errors or omissions at the earliest opportunity.