Salvius Julianus
Encyclopedia
Lucius Octavius Cornelius Publius Salvius Julianus Aemilianus (c. 110 – c. 170), generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus [Iulianus], was a well known and respected jurist
, public official, and politician
who served in the Roman imperial state
. Of North African origin, he was active during the long reigns of the emperors Hadrian
(r.117-138), Antoninus Pius
(r.138-161), and Marcus Aurelius (r.161-180).
, on the east coast of Africa Province
(now modern Sousse
in Tunisia
). Apparently he came from a Latin
-speaking family. At Hadrumetum, an inscription has been discovered which describes his career in office.
He studied law with Javolenus Priscus, the head of the Sabinian
school of legal thought. Julianus refers to Javolenus in his mature legal writings. Even as a young man he was renowned for his learning. According to his contemporary the Roman jurist Sextus Pomponius
, Julianus (along with Aburnus Valens and Tuscianus) eventually came to lead for a time this very influential school of jurisprudence
. A student of Julianus, namely Sextus Caecilius Africanus
, perhaps later followed as the head of this Sabinian school.
During the Principate
the classical Roman law flourished. Two schools of legal thought contended: the Proculian (earlier linked to Labeo
) and the Sabinian. It appears there was some rivalry between Julianus who led the Sabinian, and another Roman jurist, a contemporary Publius Juventius Celsus who led the Proculian. Neither one quoted the other in his writings apparently. Among long-standing, close colleagues of Julianus were the aforementioned jurists Africanus and Pomponius.
In the Roman government, Julianus gradually rose in rank through a traditional series of offices. He was successively quaestor
to the Emperor Hadrian (with double the usual salary), tribune
of the plebs
, praetor
, praefectus aerarium Saturnii, and praefectus aerarium militarii, before assuming the high annual office of Roman consul
in 148. Julianus also served in the Emperor's inner circle, the consilium principis
, which functioned something like a modern cabinet
, directing new legislation, but also sometimes like a court of law. "Hadrian organized it as a permanent council composed of members (jurists, high imperial functionaries of equestiran rank, and senators) appointed for life (consiliarii]." In the 4th-century Historia Augusta, the Emperor Hadrian
's consilium principis included Julianus.
During this period Hadrian (r.117-138) also appointed Julianus to revise into final form the Praetor's Edict, which up until then had been announced annually. Thereafter, Julianus became occupied with writing his own substantial commentary on developments in Roman law
, his celebrated Digestorum libri xc [Digesta in 90 books].
Under the next Emperor Antonius Pius, Julianus continued serving in the imperial council, the consilium principis. Subsequently he became governor of Germania Inferior
under Antonius Pius, and later governor
of Hispania Citerior
under the Emperor Marcus Aurelius. Julianus then returned to his native region where, c. 168-169, he concluded his career as Proconsul
of Africa Province
. He seems to have died during the co-reign of Lucius Verus
(r.161-169).
Little is known of his private life. Yet Juliainus (whose own date of birth is uncertain) evidently was related to the Emperor Didius Julianus
(133-193, r.193). Perhaps through his daughter from Hadrumetum, who married into the "one of the most prominent families of Mediolanum" (modern Milan
), he became the grandfather of Didius Julianas. Or else his uncle. Yet Didius was unfortunately a notorius scoundrel, who nonetheless was evidentlly raised by the mother of the noble Emperor Marcus Aurelius (r.161-180).
Though Julianus for decades served several emperors in succession, at high levels of the Roman imperial government, to investigate the details of his jurisprudence his written works on law are the primary sources. "The task of his life consisted, in the first place, in the final consolidation of the edictal law; and, secondly, in the composition of his great Digest in ninety books."
had issued these annual edicts, which announced his legal positions for the next year. The revision by Julianus became thereafter perpetual. Professor Grant writes that his revision proved to be of some use to the poor.
Soon after 125, Hadrian chose him to revise the Edicta praetoruum or Praetor's Edict, issued each year by the new Praetor urbanus
. "The contents of the praetorian Edict can be summed up as constituting the praetor's programme of office: he is announcing to the public, at the beginning of his term, how he intends to exercise his office." This document, being renewed yearly, had been for centuries a most influential and pervasive legal authority in Roman Law
. Once during the late Republic
(to 44 BC) the source of innovation and new law, by the 2nd century the Praetor's Edict merely might adopt novel procedures to enforce new legislation made elsewhere, e.g., by imperial enactment. Emperor Hadrian directed that the Edict now become 'permanent'. "The Edict, that masterpiece of republican jurisprudence, became stabilized. ... [B]y order of [Hadrian] the famous jurist Julian settled the final form of the praetorian and aedilician
Edicts."
Yet our sources for this major reform are "meagre and late", so that it "is difficult to tell what Julianus in fact did." Nonetheless, certain changes in the Edict wrought by Julianus are well known, e.g., regarding intestate succession, that affecting shares of inheritance among children in the Bonorum possessio unde liberi. The finished work was the subject of a senatus consultum
in accord with the desires of Emperor Hadrian.
A key feature of the Praetor's Edict was its organizational scheme, the order in which the various subjects of the law are presented. This sequence had obviously "grown up gradually from one generation to another. How far Julian's final redaction departs from the hitherto traditional arrangement we have not the means of judging save in some exceptional cases." But his alterations do not seem problematic. It was this received "edictal order of topics" that was already widely used in juristic works of the Principate, during the classical period of Roman Law. Among Roman jurists, "Julian's work on the Edict was traditionally regarded as of great importance [as] he is repeatedly spoken of as compositor, conditor, ordinator of the Edict."
on real and hypothetical cases; in general, it followed the edictal system.” The works of Julianus, in particular his Digesta, "are among the most highly appreciated products of Roman juristic literature."
Prof. Schulz, however, notes the reluctance of classical Roman jurists to formulate principles. "Even in the more theoretical works, such as Julian's... Digesta, case law is dominant, and no attempt is made to translate the cases into abstract principles." This literature, however, does employ "casuistical form" rather than "simply strung together" responsa.
Other scholars remark on the ascendancy that his writings earned Julianus. According to Prof. Buckland, his presence worked to transcend the opposing schools or sects of Roman law which had continued for several centuries. Prof. Sohm states:
The purpose of his Digesta was to expound the whole of Roman Law. "It contains a collection of responsa of the most varied kinds: answers by letter, answers in disputations (to be inferred when the answer is introduced by dixi), true responsa in the technical sense, and answers to questions which occurred to the author in the course of theoretical speculation."
(Byzantium 533), as commissioned and promulgated by the Emperor Justinian I
(r.527-565), namely in that part of the Corpus called the Digesta Iustiniani, in 50 books. Translated here by Alan Watson
as The Digest of Justinian, published by the University of Pennsylvania (Philadelphia 1985), two volumes. Traditional Digest citation (book, chapter, source) follows the quotation.
The 2nd-century Digesta of Salvius Julianus was repeatedly excerpted, hundreds of times, by the compilers of the 6th-century Pandectae (or Digest), created under the authority of the Byzantine
emperor Justinian I
(r. 527-565). This imperial Pandect or Digest (part of the Corpus Juris Civilis
) was meant by the emperor to serve as a compendium of juristic experience and learning, being drawn from the works of prior Roman jurists. "It has been thought that Justinian's compilers used [Julian's Digest] as the basis of their scheme: in any case nearly 500 passages are quoted from it."
Julian died during the reign of the philosophical emperor Marcus Aurelius (r.161-180), who described him in a rescript
as amicus noster. "His fame did not lessen as time went on, for later Emperors speak of him in the most lauditory terms. ... Justinian speaks of him as the most illustrious of the jurists."
reached its apogee." Professor William Warwick Buckland
and Professor Peter Stein
here following take stock of Julianus, his rôle and style, and compare him to a great jurist who flourished during the 18th century.
Professor Fritz Schulz
places the Roman jurist Julianus in the context of the growth and development of Roman law, praising his personal contribution made when Roman jurisprudence reached its full height.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, public official, and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who served in the Roman imperial state
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
. Of North African origin, he was active during the long reigns of the emperors Hadrian
Hadrian
Hadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...
(r.117-138), Antoninus Pius
Antoninus Pius
Antoninus Pius , also known as Antoninus, was Roman Emperor from 138 to 161. He was a member of the Nerva-Antonine dynasty and the Aurelii. He did not possess the sobriquet "Pius" until after his accession to the throne...
(r.138-161), and Marcus Aurelius (r.161-180).
Life and career
Julianus was born during the last years of the Emperor Trajan (r. 98-117), probably at the village of Pupput near the Roman colony of HadrumetumHadrumetum
Hadrumetum was a Phoenician colony that pre-dated Carthage and stood on the site of modern-day Sousse, Tunisia.-Ancient history:...
, on the east coast of Africa Province
Africa Province
The Roman province of Africa was established after the Romans defeated Carthage in the Third Punic War. It roughly comprised the territory of present-day northern Tunisia, and the small Mediterranean coast of modern-day western Libya along the Syrtis Minor...
(now modern Sousse
Sousse
Sousse is a city in Tunisia. Located 140 km south of the capital Tunis, the city has 173,047 inhabitants . Sousse is in the central-east of the country, on the Gulf of Hammamet, which is a part of the Mediterranean Sea. The name may be of Berber origin: similar names are found in Libya and in...
in Tunisia
Tunisia
Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area...
). Apparently he came from a Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
-speaking family. At Hadrumetum, an inscription has been discovered which describes his career in office.
He studied law with Javolenus Priscus, the head of the Sabinian
Masurius Sabinus
Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius . Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage...
school of legal thought. Julianus refers to Javolenus in his mature legal writings. Even as a young man he was renowned for his learning. According to his contemporary the Roman jurist Sextus Pomponius
Sextus Pomponius
Sextus Pomponius was a jurist who lived during the reigns of Hadrian, Antoninus Pius and Marcus Aurelius. He wrote a book on the law up to the time of Hadrian, the Enchiridion of Sextus Pomponius.-References:...
, Julianus (along with Aburnus Valens and Tuscianus) eventually came to lead for a time this very influential school of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
. A student of Julianus, namely Sextus Caecilius Africanus
Sextus Caecilius Africanus
Sextus Caecilius Africanus was an ancient Roman jurist and a pupil of Salvius Julianus.Only one quote remains of his Epistulae of at least twenty books. Excerpts of his Quaestiones, a collection of legal cases in no particular order in nine books, are also reproduced in the Digests...
, perhaps later followed as the head of this Sabinian school.
During the Principate
Principate
The Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
the classical Roman law flourished. Two schools of legal thought contended: the Proculian (earlier linked to Labeo
Marcus Antistius Labeo
Marcus Antistius Labeo was a prominent jurist of ancient Rome.He was the son of Quintus Antistius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi...
) and the Sabinian. It appears there was some rivalry between Julianus who led the Sabinian, and another Roman jurist, a contemporary Publius Juventius Celsus who led the Proculian. Neither one quoted the other in his writings apparently. Among long-standing, close colleagues of Julianus were the aforementioned jurists Africanus and Pomponius.
In the Roman government, Julianus gradually rose in rank through a traditional series of offices. He was successively quaestor
Quaestor
A Quaestor was a type of public official in the "Cursus honorum" system who supervised financial affairs. In the Roman Republic a quaestor was an elected official whereas, with the autocratic government of the Roman Empire, quaestors were simply appointed....
to the Emperor Hadrian (with double the usual salary), tribune
Tribune
Tribune was a title shared by elected officials in the Roman Republic. Tribunes had the power to convene the Plebeian Council and to act as its president, which also gave them the right to propose legislation before it. They were sacrosanct, in the sense that any assault on their person was...
of the plebs
Plebs
The plebs was the general body of free land-owning Roman citizens in Ancient Rome. They were distinct from the higher order of the patricians. A member of the plebs was known as a plebeian...
, praetor
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
, praefectus aerarium Saturnii, and praefectus aerarium militarii, before assuming the high annual office of Roman consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
in 148. Julianus also served in the Emperor's inner circle, the consilium principis
Consilium principis
The Consilium Principis was a council created by the first Roman Emperor, Augustus, in the latter years of his reign to control legislation in the deliberative institution of the Senate...
, which functioned something like a modern cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, directing new legislation, but also sometimes like a court of law. "Hadrian organized it as a permanent council composed of members (jurists, high imperial functionaries of equestiran rank, and senators) appointed for life (consiliarii]." In the 4th-century Historia Augusta, the Emperor Hadrian
Hadrian
Hadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...
's consilium principis included Julianus.
"When [Hadrian] sat in judgment, he had on his council not only his friends and comites, but also jurists too, and in particular Juventius Celsus, Salvius Julianus, Neratius Priscus, and others, all of whom, however, the Senate had recommended." Cum iudicaret, in consilio habuit non amicos suos aut comites solum sed iuris consultos et praecipue Iuventium Celsum, Salvum Iulianum, Neratium Priscum aliosque, quos tamen senatus omnia probasset.
During this period Hadrian (r.117-138) also appointed Julianus to revise into final form the Praetor's Edict, which up until then had been announced annually. Thereafter, Julianus became occupied with writing his own substantial commentary on developments in Roman law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, his celebrated Digestorum libri xc [Digesta in 90 books].
Under the next Emperor Antonius Pius, Julianus continued serving in the imperial council, the consilium principis. Subsequently he became governor of Germania Inferior
Roman governors of Germania Inferior
This is a list of Roman governors of Germania Inferior . Capital and largest city of Germania Inferior was Colonia Claudia Ara Agrippinensium , modern-day Cologne....
under Antonius Pius, and later governor
Roman governor
A Roman governor was an official either elected or appointed to be the chief administrator of Roman law throughout one or more of the many provinces constituting the Roman Empire...
of Hispania Citerior
Hispania Citerior
During the Roman Republic, Hispania Citerior was a region of Hispania roughly occupying the northeastern coast and the Ebro Valley of what is now Spain. Hispania Ulterior was located west of Hispania Citerior—that is, farther away from Rome.-External links:*...
under the Emperor Marcus Aurelius. Julianus then returned to his native region where, c. 168-169, he concluded his career as Proconsul
Proconsul
A proconsul was a governor of a province in the Roman Republic appointed for one year by the senate. In modern usage, the title has been used for a person from one country ruling another country or bluntly interfering in another country's internal affairs.-Ancient Rome:In the Roman Republic, a...
of Africa Province
Africa Province
The Roman province of Africa was established after the Romans defeated Carthage in the Third Punic War. It roughly comprised the territory of present-day northern Tunisia, and the small Mediterranean coast of modern-day western Libya along the Syrtis Minor...
. He seems to have died during the co-reign of Lucius Verus
Lucius Verus
Lucius Verus , was Roman co-emperor with Marcus Aurelius, from 161 until his death.-Early life and career:Lucius Verus was the first born son to Avidia Plautia and Lucius Aelius Verus Caesar, the first adopted son and heir of Roman Emperor Hadrian . He was born and raised in Rome...
(r.161-169).
Little is known of his private life. Yet Juliainus (whose own date of birth is uncertain) evidently was related to the Emperor Didius Julianus
Didius Julianus
Didius Julianus , was Roman Emperor for three months during the year 193. He ascended the throne after buying it from the Praetorian Guard, who had assassinated his predecessor Pertinax. This led to the Roman Civil War of 193–197...
(133-193, r.193). Perhaps through his daughter from Hadrumetum, who married into the "one of the most prominent families of Mediolanum" (modern Milan
Milan
Milan is the second-largest city in Italy and the capital city of the region of Lombardy and of the province of Milan. The city proper has a population of about 1.3 million, while its urban area, roughly coinciding with its administrative province and the bordering Province of Monza and Brianza ,...
), he became the grandfather of Didius Julianas. Or else his uncle. Yet Didius was unfortunately a notorius scoundrel, who nonetheless was evidentlly raised by the mother of the noble Emperor Marcus Aurelius (r.161-180).
Legal works
The Praetor's Edict
The Emperor Hadrian appointed Julianus to collect and revise all the Praetor's Edicts available. For centuries each incoming praetorPraetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
had issued these annual edicts, which announced his legal positions for the next year. The revision by Julianus became thereafter perpetual. Professor Grant writes that his revision proved to be of some use to the poor.
Soon after 125, Hadrian chose him to revise the Edicta praetoruum or Praetor's Edict, issued each year by the new Praetor urbanus
Praetor
Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
. "The contents of the praetorian Edict can be summed up as constituting the praetor's programme of office: he is announcing to the public, at the beginning of his term, how he intends to exercise his office." This document, being renewed yearly, had been for centuries a most influential and pervasive legal authority in Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
. Once during the late Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
(to 44 BC) the source of innovation and new law, by the 2nd century the Praetor's Edict merely might adopt novel procedures to enforce new legislation made elsewhere, e.g., by imperial enactment. Emperor Hadrian directed that the Edict now become 'permanent'. "The Edict, that masterpiece of republican jurisprudence, became stabilized. ... [B]y order of [Hadrian] the famous jurist Julian settled the final form of the praetorian and aedilician
Aedile
Aedile was an office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and regulation of public festivals. They also had powers to enforce public order. There were two pairs of aediles. Two aediles were from the ranks of plebeians and the other...
Edicts."
Yet our sources for this major reform are "meagre and late", so that it "is difficult to tell what Julianus in fact did." Nonetheless, certain changes in the Edict wrought by Julianus are well known, e.g., regarding intestate succession, that affecting shares of inheritance among children in the Bonorum possessio unde liberi. The finished work was the subject of a senatus consultum
Senatus consultum
A senatus consultum is a text emanating from the senate in Ancient Rome. It is used in the modern phrase senatus consultum ultimum...
in accord with the desires of Emperor Hadrian.
A key feature of the Praetor's Edict was its organizational scheme, the order in which the various subjects of the law are presented. This sequence had obviously "grown up gradually from one generation to another. How far Julian's final redaction departs from the hitherto traditional arrangement we have not the means of judging save in some exceptional cases." But his alterations do not seem problematic. It was this received "edictal order of topics" that was already widely used in juristic works of the Principate, during the classical period of Roman Law. Among Roman jurists, "Julian's work on the Edict was traditionally regarded as of great importance [as] he is repeatedly spoken of as compositor, conditor, ordinator of the Edict."
His Digesta in 90 books
Of his own writings, his principal work was the Digesta, a systematic treatise on civil and praetorian law which was often cited by Roman legal writers. “It is a comprehensive collection of responsaResponsa
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...
on real and hypothetical cases; in general, it followed the edictal system.” The works of Julianus, in particular his Digesta, "are among the most highly appreciated products of Roman juristic literature."
Prof. Schulz, however, notes the reluctance of classical Roman jurists to formulate principles. "Even in the more theoretical works, such as Julian's... Digesta, case law is dominant, and no attempt is made to translate the cases into abstract principles." This literature, however, does employ "casuistical form" rather than "simply strung together" responsa.
"[P]roblems are considered from the point of view of general theory, with the result that imagined cases play a considerable, perhaps even a predominant, part. But even so, a plain statement of the theoretical result of the cases, a formulation of the principle to be deduced from them, is avoided."
Other scholars remark on the ascendancy that his writings earned Julianus. According to Prof. Buckland, his presence worked to transcend the opposing schools or sects of Roman law which had continued for several centuries. Prof. Sohm states:
"His vast acquaintance with practical case-law, the ingenuity of his own countless decisions, his genius for bringing out, in each separate case, the general rule of law which, tersely and pithily put, strikes the mind with all the force of a brilliant aphorism and sheds its light over the whole subject around--these are the features which constitute the power of his work. Roman jurisprudence had completed its dialectic training under LabeoMarcus Antistius LabeoMarcus Antistius Labeo was a prominent jurist of ancient Rome.He was the son of Quintus Antistius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi...
and SabinusMasurius SabinusMasurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius . Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage...
, and the time had now arrived for applying to the immense mass of materials the principles, categories, and points of view that had been thus worked out. Julian's Digest exhibited Roman jurisprudence in all its strength, and its success was proportionately great. ... From the time of Salvius Julianus, and as a consequence of his labors, there was but one jurisprudence, and the lines on which it was progressing were those marked out by him."
The purpose of his Digesta was to expound the whole of Roman Law. "It contains a collection of responsa of the most varied kinds: answers by letter, answers in disputations (to be inferred when the answer is introduced by dixi), true responsa in the technical sense, and answers to questions which occurred to the author in the course of theoretical speculation."
Other works
It is known that "Julianus also wrote commentaries on works of two earlier, [now] little known jurists, Urseius Felix [Urseius, 4 books] and Minicius [Minicius, 6 books], and a booklet De ambiguitatibus [On doubtful questions]."Excerpts in Corpus Juris Civilis
Short quotations of Julianus (c.110-c.170) presented, chiefly from his Digesta, also from his Minicius and his Urseius. Taken from among Julian's hundreds found in the Corpus Juris CivilisCorpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
(Byzantium 533), as commissioned and promulgated by the Emperor Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
(r.527-565), namely in that part of the Corpus called the Digesta Iustiniani, in 50 books. Translated here by Alan Watson
Alan Watson
Professor W.A.J. 'Alan' Watson is a Scottish law and legal history expert, and is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion...
as The Digest of Justinian, published by the University of Pennsylvania (Philadelphia 1985), two volumes. Traditional Digest citation (book, chapter, source) follows the quotation.
- libri 7 digestorum: "If the seller has misrepresented the condition of a farm but not its measurements, he is still liable to the buyer; for example, suppose he said there were fifty jugera of vineyard and fifty of meadow, and the meadow is found to be larger but there are one hundred jugera in all." 19.1.22
- libri 13 digestorum: "When we indeed agree on the thing delivered but differ over the grounds of delivery, I see no reason why the delivery should not be effective. ... Again, if I give you coined money as a gift and you receive it as a loan, it is settled law that the fact that we disagree on the grounds of delivery and acceptance is no barrier to the transfer of ownership to you." 41.1.36
- libri 15 digestorum: "It is not possible for every point to be specifically dealt with either in statutes or in senatus consulta; but whenever in any case their sense is clear, the president of the tribunal ought to proceed by analogical reasoning and declare the law accordingly." 1.3.12
- libri 27 digestorum: "We cannot follow a rule of law in instances where there has been a decision against the ratio juris. 1.3.15 [Here, the latin text at the top of the article: In his, quae contra rationem iuris constituta sunt, non possumus sequi regulam iuris.]
- libri 54 digestorum: "The nature of a cavil, which the Greeks call sorites, is this, that the argument leads by short steps form what is evidently true to what is evidently false." 50.17.65
- libri 59 digestorum: "[A] person conceived after his grandfather's death can neither take the estate on the latter's intestacy as suus heres nor receive bonorum possessio as cognate relative, because the Law of the Twelve Tables calls to the inheritance a person who has been alive at the time of the death of the man whose property is in question." 38.16.6
- libri 84 digestorum: "Age-encrusted custom is not undeservedly cherished as having almost statutory force, and this is the kind of law which is said to be established by use and wont. For given that statutes themselves are binding upon us for no other reason than that they have been accepted by the judgment of the populace, certainly it is fitting that what the populace has accepted without any writing shall be binding upon everyone. What does it matter whether the people declares its will by voting or by the very substance of its actions? Accordingly, it is absolutely right to accept the point that statutes may be repealed not only by vote of the legislature but also by the silent agreement of everyone expressed through desuetude." 1.3.32:1
- libri 88 digestorum: "Whenever anyone stipulates for oil under a time clause or other condition, its value ought to be assessed when the obligation vests; for from that moment it can be sued for. If it is otherwise, the loss is the debtor's." 45.1.59
- libri 6 minicius: "If it is agreed that a landlord should not bring an action against a tenant and there was a lawful ground for the agreement, the tenant nevertheless can bring an action against the landlord." 2.14.56
- libri 3 urseius ferax: "A man agreed to buy land from one who had mortgaged it to a third party, provided that the vendor discharged the encumbrance before the first of July. The question was whether the purchaser could effectively bring the action on purchase to require the vendor to redeem the land. The reply was: Let us consider what was agreed between the parties. If their agreement was that come what may, the vendor should redeem the land before the first of July, the action on purchase will lie for its redemption and the sale will not be regarded as conditional, as though the purchaser said, 'I will buy the land, if you redeem it by the first of July' or 'provided that you redeem it in that time from Titius.' But if the purchase were made under condition, there will be no action to get the condition realized." 18.1.41
Among Roman jurists
His opinions influenced many other jurists, thanks to the clarity and finesse of his reasoning, as is demonstrated by the fact that, in the Digest, there 457 fragments written by Julianus. His name also appears first in the list of contributing jurisprudents prepared by order of Justinian, the Index Florentinus. Centuries after his death, Emperor Justinianus would define him legum et edicti perpetui suptilissimus conditor.The 2nd-century Digesta of Salvius Julianus was repeatedly excerpted, hundreds of times, by the compilers of the 6th-century Pandectae (or Digest), created under the authority of the Byzantine
Byzantine
Byzantine usually refers to the Roman Empire during the Middle Ages.Byzantine may also refer to:* A citizen of the Byzantine Empire, or native Greek during the Middle Ages...
emperor Justinian I
Justinian I
Justinian I ; , ; 483– 13 or 14 November 565), commonly known as Justinian the Great, was Byzantine Emperor from 527 to 565. During his reign, Justinian sought to revive the Empire's greatness and reconquer the lost western half of the classical Roman Empire.One of the most important figures of...
(r. 527-565). This imperial Pandect or Digest (part of the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
) was meant by the emperor to serve as a compendium of juristic experience and learning, being drawn from the works of prior Roman jurists. "It has been thought that Justinian's compilers used [Julian's Digest] as the basis of their scheme: in any case nearly 500 passages are quoted from it."
Julian died during the reign of the philosophical emperor Marcus Aurelius (r.161-180), who described him in a rescript
Rescript
A rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee...
as amicus noster. "His fame did not lessen as time went on, for later Emperors speak of him in the most lauditory terms. ... Justinian speaks of him as the most illustrious of the jurists."
Among modern scholars
"[S]ome modern authorities would regard [Julianus] as the greatest of all the Roman jurists, not excluding even Papinian." "With Iulianus, the Roman jurisprudenceJurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
reached its apogee." Professor William Warwick Buckland
William Warwick Buckland
William Warwick Buckland, M.A., LL.D. was a Roman Law scholar, Regius Professor of Civil Law in the University of Cambridge from 1914 to 1945.-Life:...
and Professor Peter Stein
Peter Stein
Peter Stein is a critically acclaimed German theatre and opera director who established himself at the Schaubühne am Lehniner Platz, a company that he brought to the forefront of German theatre....
here following take stock of Julianus, his rôle and style, and compare him to a great jurist who flourished during the 18th century.
"No other jurist exercized so great an influence on the destinies of the law." His Digest was "a comprehensive treatise on both civilPrivate lawPrivate law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
and praetorPraetorPraetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: the commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties...
ian law. ... The principal characteristics of Julian's work seem to be a very lucid style and a clear recognition of the fact that legal conceptions must move with the times. He seems to have played somewhat the part which Lord Mansfield did in English law. He did a great work of co-ordination and generalisation, sweeping away unreal and pedantic distinctions. [Prof.] Karlowa justly observes that the appearance of Julian was epoch making."
Professor Fritz Schulz
Fritz Schulz
Fritz Schulz was a German jurist and legal historian. He was one of the 20th centuries' most important scholars in the field of Roman Law. The Nazis forced him to leave Germany and to emigrate to England due to his political stance and his Jewish origins.-Life:Schulz was born in Bolesławiec , then...
places the Roman jurist Julianus in the context of the growth and development of Roman law, praising his personal contribution made when Roman jurisprudence reached its full height.
"The heroic age of creative geniuses and daring pioneers had passed away with the RepublicRoman RepublicThe Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
. Now their ideas were to be developed to the full and elaborated down to the last detail. The culminating point in the curve of this development lies unquestionably with the age of Trajan and Hadrian, when the PrincipatePrincipateThe Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
itself reached it zenith. Julian's Digesta are the greatest product of Roman jurisprudenceRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
; they dominate legal science till the end of the Principate. After Julian a slight decline is sometimes observable, but on the whole the science of law remained on the same high level till the middle of the third century."
See also
- AfricanusSextus Caecilius AfricanusSextus Caecilius Africanus was an ancient Roman jurist and a pupil of Salvius Julianus.Only one quote remains of his Epistulae of at least twenty books. Excerpts of his Quaestiones, a collection of legal cases in no particular order in nine books, are also reproduced in the Digests...
- PomponiusSextus PomponiusSextus Pomponius was a jurist who lived during the reigns of Hadrian, Antoninus Pius and Marcus Aurelius. He wrote a book on the law up to the time of Hadrian, the Enchiridion of Sextus Pomponius.-References:...
- SabinusMasurius SabinusMasurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius . Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage...
- LabeoMarcus Antistius LabeoMarcus Antistius Labeo was a prominent jurist of ancient Rome.He was the son of Quintus Antistius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi...
- Celsus
- Papinian
- UlpianUlpianGnaeus Domitius Annius Ulpianus , anglicized as Ulpian, was a Roman jurist of Tyrian ancestry.-Biography:The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222...
- PrincipatePrincipateThe Principate is the first period of the Roman Empire, extending from the beginning of the reign of Caesar Augustus to the Crisis of the Third Century, after which it was replaced with the Dominate. The Principate is characterized by a concerted effort on the part of the Emperors to preserve the...
- HadrianHadrianHadrian , was Roman Emperor from 117 to 138. He is best known for building Hadrian's Wall, which marked the northern limit of Roman Britain. In Rome, he re-built the Pantheon and constructed the Temple of Venus and Roma. In addition to being emperor, Hadrian was a humanist and was philhellene in...