Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans

to whole cities or provinces between the mid first century ad and 212, when all free persons in the empire were made citizens (Chapter 2). Initially, the main distinction was between citizens of Rome ( cives ) and everyone else ( peregrini ). From time to time political circumstances led to the creation of various interme diate categories. Most important were the “Latins,” a group whose precise definition and membership changed a great deal over time, but who can be thought of in all periods as partial Roman citizens. The earliest Roman law followed the personality principle rigorously, and that rule continued to have force much longer in some areas of the law. Thus, for instance, the whole of pro cedure by legis actio (Chapter 11) was limited to citizens, as were the formal modes of transferring ownership (Chapter 13). Marriages were recognized only between Roman citizens, and wills could be made only by citizens for the benefit of Roman citizens. (Romans would not claim that only their fellow citi zens were married or left wills, only that Roman justice was not entitled to pass judgment on the cases of peregrini .) Other areas of the law, particularly those clearly governed by the Edict, were available to anyone. The law of consensual con tracts is the most prominent example, but even in other areas the praetor eventually introduced other devices to bring in noncitizens. Moreover, Latins and other privileged groups were given access to Roman marriage law ( conubium ) and/or commercial law ( commercium ).

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