Jurisprudence in ancient Rome

• Author: Cristinel Ioan Murzea
• Position: Transylvania University of Brasov
• Pages: 167-174

Bulletin of Transylvania University of Braso v

Series VII: Social Sciences • Law • Vol. 11 (60) No. 1 - 2018

JURISPRUDENCE IN ANCIENT ROME

Cristinel Ioan MURZEA1

Abstract: Jurisprudence would form an important formal source of law, as,

in the classical age, it would become a valuable instrument and a true

measure of the “jus civilae” system, which later became what the Romans

had intended in the first place, namely an immutable, permanent and

unchanged system of law both in regard to content and form. This is the

time when the most famed legal advisers lived, veritable “wise men” of the

legal system created during the 12 centuries of existence of the Roman state

which was left in the conscience of universal civilization by the science of

law, a universal value which influenced all subsequent systems of law.

Key words: jurisprudence, legal regulation, edict, constitution, jus publicae

repedendendi.

1. Jurisprudence

Among the formal sources of law, jurisprudence synthetically expresses the science of

law – iuris prudentia – a term which nowadays represents the ensemble of solutions

pronounced by the courts of law.

Lato sensu, legal advisers were those specialists of law who would interpret legal

regulations and would transform them in such a manner, by their daily activity, as the

general public would understand legal provisions.

Thus, an official interpretation of legal regulations would be achieved by applying it to

the specific cases which would occur in practice.

The opinions phrased by specialty doctrine have shown that , from the point of view of

Roman law, jurisprudence represents the prudents - legal advisers (Murzea, 2003, p.50),

an interpretation by which law was applied, thus giving value to the legal texts which

were in force.

At the end of the third century BC, the so-called – jurisperiti or juris prudentes -

appear, who, as they were “the wise men of the citadel” (Sâmbrian, 2009, p.40) would

provide advice regarding the manner in which legal acts must be drafted based on legal

regulations, they would also lecture the citizens regarding the manner in which legal

regulations must be interpreted and enforced.

It was justly stated that Roman legal advisers were mere connoisseurs (Sâmbrian,

2009, p.40) or scholars of law during the time between the second and the third c entury

1 Transylvania University of Brasov, cristinel.murzea@unitbv.ro