Roman Law and the Legal World of the Romans

Roman Law and the Legal World of the Romans

this debate does show us clearly is that the distinction between advocates and jurists was not entirely imaginary, even given the lack of institutional distinctions. They really were rivals, so they must have been fairly distinct, even if some individuals crossed the line. The nature of the juristic “profession” seems to have changed more over time that that of the advocates. In the earli est days, certain priests (the so-called pontiffs) were both the keepers and interpreters of the laws. Sacred and secular law, however, seem to have split apart centuries before our period, leaving most interpretation in the hands of a much less well defined group of elites. (The supposed religious origins of the legal system may have had some lasting effect on styles of inter pretation, but the formal role of the pontiffs had been entirely eliminated by historical times.) During the subsequent years of the Republic, legal interpretation and advice seem to have been largely considered patronal duties (and prerogatives), much like advocacy. Advocates and legal experts at least came from the same class, and particular individuals might well appeal to the same patron for both functions. Starting perhaps in the mid second century bc, there was a gradual creation of a more dis tinct juristic role. This involved multiple overlapping changes. Within the law, published and circulated opinions (and other writings) became more important, and at the same time there was an emphasis on a somewhat more systematic approach to the law. Outside the law, the men who wrote and read these works were increasingly willing to stake their social position on their legal abilities rather than on their broader patronal

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