TELEOLOGICAL

PERSPECTIVE
ROMAN
CONCEPT
Overview of Roman Law

 753 BC – Roman law evolves from traditional founding of Rome until

The fall of the Eastern Roman Empire (AD 1453)
 Rome was first ruled by Kings
 Papirius (pontifix) – a priest compiled set of laws concerning customary
and religious norms.
509-27 BC – Roman Republic was initially threatened by conflict between
patrician and plebian orders.
451-450 BC – Twelve Tables was created by officials called decemviri
resolved in part the conflict.
Republican constitution had three elements: the magistrates, the senate and
the assemblies.
Magistrates

Magistrates – consuls which has powers of declaring war, introducing or

executing decrees.

Praetors – whom held coercive power which entitled judicial capacity

 Aediles - maintenance of public order
 Quaestors – financial concerns
 Censors – census and supervision of morals
Senate

Senate – literally known as “council of elders” that controls public finance,

investigates public crimes such as treason, conspiracy and
assassinations and in charge of embassies of foreign countries.
Assemblies

Assemblies – sole constitutional authority over the imposition of honors

and punishment; its power is limited because it could not initiate
legislation. It could only approve and reject a measure placed by
magistrate, which had been discussed and approved by senate.
Assemblies

 Centuriate – most powerful assembly organized into classes based on

wealth as index to military capacity which elected magistrates such
as the consuls with supreme power and had the right to declare war
or ratify treaties.
 Tribal Assembly – elected lower magistrates and adjudicated some non-
capital cases.
 Plebian Assembly – formed by plebians to resolve their conflicts
Cicero (106 – 43 BCE)
Roman politician, lawyer and
legal philosopher.
Law is rooted a divine source;
Jupiter.
Natural Law is universal and
unchanging. Nature ensures the
common good.
Law is in the mind of “wise
and intelligent men” and they
are the standard by which justice
and injustice are measured
(philosopher kings).
If in the minds of “wise and
intelligent men” the law is in
conflict with the laws of nature it Civil disobedience should be used to
should be disobeyed. force the government to make laws that
conform to natural law.
Gaius Gracchus(121 BC)
Roman politician and brother
Tiberius Gracchus.
Follows Aristotle’s treatment
of law and justice.
Distinguish civil law “which
people makes for itself” and
“peculiar to itself “ from the
laws of nations which is
common to all.”
The law which natural reason
makes for all mankind is applied
in the same way everywhere.
Natural reason also reveals
natural law so that law of nation
is equivalent to natural law.