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Responsa

(841 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] A. Term and form Responsa (lit.: 'responses', sing. responsum) were originally rulings or opinions of sacred law made by the Roman colleges of priests (the augures, fetiales, haruspices and pontifices) [1. 19-21; 2. 313 f., 560-563]. According to Dig. 1,2,2,6, the pontifical college ( pontifex ; hence: responsa pontificum) issued preventative or cautelary

Iuris prudentia

(1,209 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] A. Concept and Function Iuris prudentia (IP), ‘astuteness in the law’, is the most succint designation fo…

Hermogenianus

(133 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Jurist from the Hellenistic east of the Roman empire, from AD 293 to 295 magister libellorum (head of the petition office) of Diocletian [1; 3], published in AD 295 the Codex Hermogenianus, a semi-official collection of rescripts of Diocletian from 293 and 294. Excerpts were taken from the collection in the

Iuris consultus

(320 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Preferred expression for the Roman specialized jurist aside from iuris prudens, peritus, auctor or studiosus. The iuris consultus is an authority ‘consulted’ about law and hence implicitly competent to answer [1. 25; 4. 554], ‘experienced in statutory and customary law’ ( legum et consuetudinis ... peritus, Cic. De or. 1,212). For the designation iuris consultus (IC) neither the literary or the official work nor - in view of the private character of  legal instruction - a formal educational level was decisive but only consultation …

Atilicinus

(56 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Jurist, probably a student of  Proculus (Dig. 23,4,17), only known through 28 indirect quotations in later legal compilations. PIR2 A 1292. Giaro, Tomasz (Frankfurt/Main) Bibliography O. Lenel, Palingenesia iuris civilis, 1889 (repr. 1960), vol. 1, 71ff. C. A. Maschi, La scienza del diritto all'età dei Flavi, in: Atti Congr. Intern. Studi Vespasianei I, 1981, 64ff.

Ulpianus

(710 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Domitius U. Roman jurist of the Severan period from Tyrus in Syria (Dig. 50,15,1 pr.), probably a student of Papinianus [2. 208 f.] and teacher of Modestinus (Dig. 47,2,52,20). Under Septimius [II 7] Severus, he was assessor for his teacher, who had since become Praetorian prefect (SHA Pesc. Nig. 7,4; SHA Alex. Sev. 26,6), and was probably leader of the chancellery

Taruttienus Paternus

(94 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] The Roman jurist P. Taruttienus (Taruntenus) Paternus was the head of the chancellery ab epistulis Latinis in AD 171-173 and praetorian prefect under Marcus [II 2] Aurelius (Cass. Dio 71,12,3; 71,33,3) beginning in 177. After the latter's death, T. was relieved of his office about AD 182 and executed for high treason (SHA Comm. 4,7 f.). T. wrote the first legal work on the military ( De re militari, 4 books). Giaro, Tomasz (Frankfurt/Main) Bibliography O. Lenel, Palingenesia iuris civilis, vol. 2, 1889, 335 f.  Kunkel, 219-222  D. Liebs, Jurisprudenz, in: HLL 4, …

Coruncanius, Ti.

(42 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Consul in 280 BC, first plebeian pontifex maximus in 254, first issued responsa publicly and in association with legal instruction (Dig. 1,2,2,35), did not, however, produce any writings (Dig. 1,2,2,38). …

Ofilius, Aulus

(139 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] (epigraphically also Ofellius). This Roman jurist was a friend as well as a political agent of Caesar. He was a member of the equites, but never held an office. Next to Alfenus [3] Varus he was the most notable student of Sulpicius Rufus (Dig. 1,2,2,44), in whose footsteps he wrote an extensive commentary Ad edictum, which was, however, soon ousted from the market by the Edict commentary of Antistius [II 3] Labeo. Little is known about his Actiones (Pleas, 16 bks.), Ius partitum ('The law and its parts', 5 bks.) and De legibus ad Atticum ('On the laws, to Atticus', 20 bks.…

Tuscianus

(84 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] According to Dig. 1,2,2,53, T. and Fulvius [II 2] Aburnius Valens followed Iavolenus [2] and preceded Iulianus [1] as heads of the Sabine l…

Modestinus Herennius

(378 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] (also: Herennius M.). Roman jurist, pupil of Ulpianus (cf. Dig. 47,2,52,20), from the Hellenistic east. It is likely that from AD 223 to 225 he was secretary a libellis to Alexander Severus, and in about 228 praefectus vigilum [4. 195f.]. A rescript of Gordianus [3] III (Cod. Iust. 3,42,5) of the year 239 follows his  ‘not-to-be-despised’ auctoritas as a respondent [3. 25f.]. It is doubtful that he gave t…

Papinianus, Aemilius

(532 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] This jurist, probably born in the mid second century AD in the eastern half of the province of Africa (cf. [7. 118]), seems to have been a student of Cervidius Scaevola (SHA Carac. 8,2). During the reign of Septimius Severus, with whom he was close friends, he became assessor to the Praetorian prefects (Dig. 22,1,3,3), from AD 194 to 202 he first became member and later head of the government department

Cascellius

(132 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] (C. Aulus Cascellius). Jurist, pupil of Volcatius, who in turn was taught by Q.  Mucius Pontifex (Dig. 1,2,2,45; Plin. HN 8,144); evident in documents of 73 BC as a senator, he held no further office after his quaestorship, but dedicated himself to practical jurisprudence [2]. The iudicium Cascellianum (Gai. Inst. 4,166a), which he had drafted, allowed the winner of a sponsio trial to claim for material restitution within the framework of prohibitory interdicts on property (a form of interim order for the protection of property) [1] (  restitutio )…

Thalelaeus

(109 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Professor of law ( antecessor) under Iustinianus [1] I, presumably in Berytus, one of the eight addresses of the Const. Omnem (ordinances for study brought into force with the conclusion of the Digesta in AD 533), who wrote a Greek paraphrase of the Co…

Urseius Ferox

(94 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Roman jurist of the early Principate (1st cent. AD), reviewed in at least ten books (Coll. 12,7,9) the opinions of the founders of law schools, on the one hand Sabinus [II 5] and Cassius [II 14], on the other  Proculus [1]. Other than five citations in Ulpian and in Iulius [IV 16] Paulus, the work is known only from the commentary

Law schools

(1,249 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] I. Principal considerations Schools of law, in the two senses of the training of future legal practitioners and the adherence to particular legal trains of thought can only exist in cultures that have given rise to a legal profession. In antiquity, this is true only of the Roman world. Only for Rome, therefore, as in the post-antique period for the Byzantine empire and the culture of Islam, can the phenomenon of law schools (LS) be discussed sensibly. Giaro, Tomasz (Frankfurt/Main) [German version] II. Roman Republic and Principate A properly institutionalized system of legal education was unknown in Republican Rome. The public instruction in law begun by Tiberius Coruncanius in the mid 3rd cent. BC (Dig. 1,2,2,35: …

Tryphoninus

(88 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] The Roman jurist Claudius T. ( c. 200 AD), presumably of oriental origin [3], pupil of Cervidius Scaevola [1] (Dig. 49,17,19 pr.) and consiliarius of Septimius [II 7] Severus (Dig. 49,14,50). He wrote discussions of controversial legal cases ( Disputationes, 21 B.) and Notae ('notes') on the

Vindius Verus

(66 words)

Author(s): Giaro, Tomasz (Frankfurt/Main)
[German version] Roman jurist, suffect consul in 138 AD (CIL XVI 84) and consiliarius of Antoninus [1] Pius (SHA Pius 12,1), represented in Iustinianus's [1] Digesta (6th century AD) with only five indirect citations. …
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