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Masurius Sabinus
Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius (reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtue of his exceptional ability and imperial patronage. Masurius was the first person to give "state-certified opinions" ''(publice respondere)'', a privilege granted by the emperor which marked increasing imperial control over the judicial process after the end of the Roman Republic. Before the Principate of Augustus, the value of legal opinions was based on the expertise of those who gave them. The passage in the ''Digest'' of Justinian that discusses the granting of Masurius's authority is thus a pivotal point in the history of Roman law. Masurius was a leader of the '' Sabiniani'', a school or sect of legal thought in the 1st and 2nd centuries AD. He was succeeded by a line of jurists including Gnaeus Arulenus Caelius Sabinus (consul 6 ...
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Ancient Rome
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC), Roman Republic (509–27 BC) and Roman Empire (27 BC–476 AD) until the fall of the western empire. Ancient Rome began as an Italic settlement, traditionally dated to 753 BC, beside the River Tiber in the Italian Peninsula. The settlement grew into the city and polity of Rome, and came to control its neighbours through a combination of treaties and military strength. It eventually dominated the Italian Peninsula, assimilated the Greek culture of southern Italy (Magna Grecia) and the Etruscan culture and acquired an Empire that took in much of Europe and the lands and peoples surrounding the Mediterranean Sea. It was among the largest empires in the ancient world, with an estimated 50 to 90 million inhabitants, roughly 20% of t ...
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Gaius Cassius Longinus (consul AD 30)
Gaius Cassius Longinus was a Roman jurist and politician from the first century AD. A grandnephew of Servius Sulpicius Rufus, he was also a nephew or great-grandson of Gaius Cassius Longinus, one of Caesar's assassins. Longinus was suffect consul of the second half of the year 30 as the colleague of Lucius Naevius Surdinus. Cassius, a pupil of Sabinus, was head of the legal school called the Sabinians or Cassinians. His principal works are the ''libri (commentarii) iuris civilis'' in at least ten volumes, which only survive in quotes by later authors such as Iavolenus. After completing his term as suffect consul, Longinus served as proconsular governor of Asia minor in 40–41, then governor of the imperial province of Syria in 41–49. He was exiled by Nero to Sardinia in 65, but returned to Rome when Vespasian acceded to the purple. Tacitus includes a speech of Cassius, when he was a senator in the time of Nero, on the debate that arose when there had been mass protests in ...
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1st-century Writers
The 1st century was the century spanning AD 1 ( I) through AD 100 ( C) according to the Julian calendar. It is often written as the or to distinguish it from the 1st century BC (or BCE) which preceded it. The 1st century is considered part of the Classical era, epoch, or historical period. The 1st century also saw the appearance of Christianity. During this period, Europe, North Africa and the Near East fell under increasing domination by the Roman Empire, which continued expanding, most notably conquering Britain under the emperor Claudius ( AD 43). The reforms introduced by Augustus during his long reign stabilized the empire after the turmoil of the previous century's civil wars. Later in the century the Julio-Claudian dynasty, which had been founded by Augustus, came to an end with the suicide of Nero in AD 68. There followed the famous Year of Four Emperors, a brief period of civil war and instability, which was finally brought to an end by Vespasian, ninth Roman em ...
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1st-century Romans
The 1st century was the century spanning AD 1 (Roman numerals, I) through AD 100 (Roman numerals, C) according to the Julian calendar. It is often written as the or to distinguish it from the 1st century BC (or BCE) which preceded it. The 1st century is considered part of the Classical era, epoch, or History by period, historical period. The 1st century also saw the Christianity in the 1st century, appearance of Christianity. During this period, Europe, North Africa and the Near East fell under increasing domination by the Roman Empire, which continued expanding, most notably conquering Britain under the emperor Claudius (AD 43). The reforms introduced by Augustus during his long reign stabilized the empire after the turmoil of the previous century's civil wars. Later in the century the Julio-Claudian dynasty, which had been founded by Augustus, came to an end with the suicide of Nero in AD 68. There followed the famous Year of Four Emperors, a brief period of civil war and inst ...
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Ancient Roman Jurists
Ancient history is a time period from the beginning of writing and recorded human history to as far as late antiquity. The span of recorded history is roughly 5,000 years, beginning with the Sumerian cuneiform script. Ancient history covers all continents inhabited by humans in the period 3000 BCAD 500. The three-age system periodizes ancient history into the Stone Age, the Bronze Age, and the Iron Age, with recorded history generally considered to begin with the Bronze Age. The start and end of the three ages varies between world regions. In many regions the Bronze Age is generally considered to begin a few centuries prior to 3000 BC, while the end of the Iron Age varies from the early first millennium BC in some regions to the late first millennium AD in others. During the time period of ancient history, the world population was already exponentially increasing due to the Neolithic Revolution, which was in full progress. While in 10,000 BC, the world population stood ...
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Ulpian
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III. Biography The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and '' Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble a general administrative post, and there was a tendenc ...
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Ius Civile
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal ...
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Civil Law (area)
Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private ...
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Strict Constructionism
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term Strict construction requires a judge to apply the text only as it is written. Once the court has a clear meaning of the text, no further investigation is required. Judges—in this view—should avoid drawing inferences from a statute or constitution and focus only on the text itself. Jurist Hugo Black (1886–1971) argued that the First Amendment's injunction, that ''Congress shall make no law'' (against certain civil liberties), should be construed strictly: ''no law'', thought Black, admits ''no exceptions''. However, "strict construction" is not a synonym for textualism or originalism. Supreme Court Justice Antonin Scalia, a major proponent of textualism, said that "no one ought to be" a strict constructionist, although to be a strict ...
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Gaius (jurist)
Gaius (; ''fl.'' AD 130–180) was a Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name ('' praenomen''). As with his name it is difficult to ascertain the span of his life, but it is safe to assume he lived from AD 110 to at least AD 179, since he wrote on legislation passed within that time. From internal evidence in his works it may be gathered that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as of great authority, and the emperor Theodosius II named him in the ''Law of Citations,'' along with Papinian, Ulpian, Modestinus and Paulus, as one of the five jurists whose opinions were to be followed by judicial officers in deciding cases. The works of these jurists accordingly became most important sources ...
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Proculus (jurist)
Proculus ( fl. 1st century CE) was an ancient Roman jurist who founded a distinctive tradition of the interpretation of Roman law. His followers were known as the "Proculiani", or Proculeans, after him. The full name of Proculus is unknown. He apparently wrote at least eight books of legal epistles. Passages from his writings are repeatedly cited in legal digests, where his opinion is given in matters of dispute. Proculus appears to have developed the interpretations of the earlier jurist Marcus Antistius Labeo, on whose work he is said to have written a commentary.William Smith, ''Dictionary of Greek and Roman Antiquities'', 1870, p. 541. Though Proculus did not always agree with Labeo, the two were usually paired in contrast with an alternative tradition identified with Ateius Capito and Masurius Sabinus, who founded the rival Sabinian school of interpretation, which was typically more conservative and rigid. The most famous topic of disagreement concerned the ownership of ...
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Proculeian School
The Proculeian or Pegasian school was one of the two most important schools of law in ancient Rome during the 1st and 2nd centuries. Origin The Proculeians originally took their name from the prominent jurist Proculus, but later came to often be called "Pegasians" after the prominent Proculeian Plotius Pegasus. However, the tradition on which the school was based comes from the jurist Marcus Antistius Labeo. Labeo spent half the year convening sessions at actual schools with regular students, who then carried forth his views and perspectives on the law. They were often contrasted with the Sabinian school, a rival school operating in roughly the same time and place, and were (very generally) considered the more progressive of the two, while the Sabinians were seen as more advocates of legal conservatism. Proculeians were thought to "push a legal principle to all its logical consequences," and the legal tradition they inherited from Labeo was one of liberalism influenced by a keen und ...
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