The Roman Lawyer--A Sketch

Authors

George L. Canfield

Abstract

OF the Roman lawyer this at least may be said, that his work had the quality which endures. It remains today the fundamental law of the greater part of the world and it was as much the special creation of the lawyer as our common law is the creation of the judge. As the Romans had no officers corresponding to our judges (the "judex" being practically a juror) the law of the case was usually settled by special counsel; disinterested in the issue, but of special learning in the legal points involved. These were the jurisconsults. They gave their opinions to the court, verbally or in writing, and thus determined the rule to be applied. Such opinions ultimately formed the great mass of permanent law of the Empire so that it may be said that it was the opinions of counsel instead of judicial decisions which developed and built up the Roman law. From a remote point of view one may still perceive the Roman bar. The scene covers nearly fourteen centuries, from the days when the king of the primitive -community on the Palatine gave judgment "sitting on a chariot-seat" to the time when an emperor codified the law for the permanent benefit of civilization. As to the men and their interests it is a confused and turbulent panorama, filled with brilliant and exciting events. Great names and famous episodes appear, intense rivalries and aspirations, successes and defeats. Legal principles are discovered and wrought out. The science of law develops through much the same evolution which we observe in the history of the common law. Permanent advances are attained. Then the dusk of the middle ages intervenes and the men and their personalities are mostly forgotten. But the work remains and the Roman lawyer attained immortality in his creation.

Recommended Citation

George L. Canfield, The Roman Lawyer--A Sketch, 7 Mich. L. Rev. 557 (1909).
Available at: https://repository.law.umich.edu/mlr/vol7/iss7/2