Proculus (

fl. ''Floruit'' ( ; usually abbreviated fl. or occasionally flor.; from Latin for 'flourished') denotes a date or period during which a person was known to have been alive or active. In English, the unabbreviated word may also be used as a noun indic ...

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 An epistle (; ) is a writing directed or sent to a person or group of people, usually an elegant and formal didactic letter. The epistle genre of letter-writing was common in ancient Egypt as part of the scribal-school writing curriculum. The ...

. 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 Marcus Antistius Labeo (died 10 or 11 AD) was a Roman jurist. Marcus Antistius Labeo was the son of Pacuvius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi. Since his name was different from his father's ...

, 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 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 virt ...

, 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 materials used to make something. Sabinus held that if an artist created a valuable painting or sculpture on wood of little value owned by another person, the original owner of the wood retained ownership, while Proculus argued that the form is more important than the material substance and therefore the artist owned it as he had made something new. This debate was later commented on by

David Hume David Hume (; born David Home; – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist who was best known for his highly influential system of empiricism, philosophical scepticism and metaphysical naturalism. Beg ...

and

Adam Smith Adam Smith (baptised 1723 – 17 July 1790) was a Scottish economist and philosopher who was a pioneer in the field of political economy and key figure during the Scottish Enlightenment. Seen by some as the "father of economics"——— or ...

. Proculus appears to have lived during the late Julio-Claudian period, and is said to have practiced law under

Nero Nero Claudius Caesar Augustus Germanicus ( ; born Lucius Domitius Ahenobarbus; 15 December AD 37 – 9 June AD 68) was a Roman emperor and the final emperor of the Julio-Claudian dynasty, reigning from AD 54 until his ...

.Fritz M. Heichelhei, Cedric A. Yeo, ''A History of the Roman People'', Prentice-Hall, 1962, p. 307 He may be identical to the Licinius Proculus, who was

Praetorian Prefect The praetorian prefect (; ) was a high office in the Roman Empire. Originating as the commander of the Praetorian Guard, the office gradually acquired extensive legal and administrative functions, with its holders becoming the Emperor's chief ai ...

in the reign of

Otho Otho ( ; born Marcus Salvius Otho; 28 April 32 – 16 April 69) was Roman emperor, ruling for three months from 15 January to 16 April 69. He was the second emperor of the Year of the Four Emperors. A member of a noble Etruscan civilization, ...

References

{{Authority control Ancient Roman jurists 1st-century Romans 1st-century writers in Latin Year of birth unknown Year of death unknown