Roman Social Imaginaries: Language and Thought in the Context of Empire by Clifford Ando

Author:Clifford Ando [Ando, Clifford]
Language: eng
Format: epub
Tags: history, Ancient, General, Rome
ISBN: 9781442650176
Google: KWCzCAAAQBAJ
Publisher: University of Toronto Press
Published: 2015-01-01T23:56:27.373262+00:00

These varied themes find articulation elsewhere in legal theory and statute law. The jurists discuss these issues most prominently when reflecting on the legal pluralism of the Roman legal system, meaning in this case the simultaneous operation at Rome of multiple sources of law. For example, Papinian describes the law as articulated by magistrates charged with jurisdiction as “that which in the public interest those magistrates, the praetors, have introduce in aid or supplementation or correction of statute law” (Ius praetorium est, quod praetores introduxerunt adiuuandi vel supplendi vel corrigendi iuris civilis gratia propter utilitatem publicam).13

That said, neither newer sources of law, nor new laws, were understood at Rome as necessarily superseding earlier sources of law, or earlier statute. As regards statute, consider the remarkable text of the Neronian law on customs of Asia.14 After a preface dating from its (re)publication in 62 CE, the inscribed copy contains what is apparently the original text, followed by a chronologically ordered summary of revisions. These are introduced by the names of the consuls in office when the revisions were introduced. At any given instance of the law’s re-enactment, some content was thus tralatician, some not:

(84) Λούκιος Γέλλιος, Γναῖος Λέντλος ὕπατοι προσέθηκαν·

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