The Roman Social System

Rights: Roman men

• Male citizens of Rome had substantial rights
• Including the power to vote and contest in politics
• Roman born citizens were separated into two ranks
• Non optimo iure: Rights of property & marriage
• Optimo iure: Have the rights above & rights to vote and hold office

Examples of their rights:

• Ius honorum:
• The right to stand for civil/public office
• Ius commercii:
• The rights to make legal contracts
• And hold property as a Roman citizen

Of lower status: Roman women

• The head of the household was the eldest male
• Women had no power outside the household
• Could not be involved in politics & vote
• Subjected to patria potestas
• That is, the power held by the male head of the family

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• Vestal virgins
• The only role women could take on out of the family
• However there were a few significant women
• Example: Lucretia
• She took part in the revolution that made Rome a republic

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• Women were educated along boys in their youth
• Even though they could not hold political roles
• Some upper class women were noted for intelligence, e.g. Cornellia Metalla
• After the formation of the republic, women were given more rights
• E.g. Being able to own land & appear in court

What about the children?

• Newborns were laid at their father's feet
• If the father did not pick the child up,
• That meant he did not acknowledge the child as his
• The child would be left outside to die
• This was legal in the Roman republic

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• For rich, upper class children
• They could go to school or be tutored
• However, it was different for poor children
• Who could not receive an education

Differences between boys and girls

• Children were taught different things
• Based on their sex
• Boys: fighting and weaponry
• Girls: domestic tasks
• Girls were to be married off at 14

Slaves: Without rights

• Slaves were considered property in Ancient Rome
• They could be bought or sold in the market
• The Roman economy was largely dependent on the slave trade
• Steady supply of slaves because of the rapid expansion of Roman Empire
• This encouraged slavery

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• The lack of rights for slaves
• Led to the Servile Wars
• The slaves lost every time

Merchants in Rome

• Two main types: Negotiatores & mercatores
• Negotiatores: involved in areas of commerce
• E.g. Bulk buying, selling & money lending
• Mercatores: dealt with money changing and cheques
• Did business in shoplots & sold basic amenities near army camps

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• The upper class was encouraged to engage in military pursuits
• Senators and their children were discouraged from being merchants/own business
• However, those affiliated with the Equestrians
• Were often involved in business
• And owned their own shops

Roman law: Before the Republic

• Romans lived with custom law
• It only applied to Roman citizens
• Ius civils: civil law
• Patricians were appointed priests and judges
• Lacked transparency because laws were not written down

During the Roman Republic

• In questions of customary law
• Patricians called pontiffs made decisions & ruled
• Plebeians were dissatisfied with patrician advantage
• They agitated to gain political and social equality
• Pressed for laws to be written down

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• A committee of 10 men (decemvirs) was hired to write law down
• The documented laws were known as the Twelve Tables
• Over time they became of limited use because of uncovered issues
• Magistrates focused on adaptation of laws
• Encouraged "interpretation" of law

Imperial Rome: When emperors ruled

• Emperors took an active role in legal matters
• But typically acted on the advice of jurists
• Because of increasing amount of complex law
• Emperor Justinian compiled Roman law into one body
• Known as "Justinian's Code"

The 4 principles of Roman law

• All citizens have the right to equal treatment under law
• Innocent until proven guilty
• The burden of proof rests with the accuser rather than the accused
• Any law that seems unreasonable or grossly unfair can be set aside

Roman ideas about Law

• Written law: A way to protect individuals from each other
• And from the state itself
• Developed the division between public law & private law
• Public law: treason and taxation
• Private law: disputes between people e.g. Contracts

Lawmaking in the Republic

• A bicameral activity
• Laws first passed by the comitia
• Comitia: Assembly of citizens
• Then approved by the Senate
• Senate: Representatives of the upper clas

Important principles such as...

• Ex post facto:
• From after the fact
• Habeus corpus:
• You must have the body
• Were passed down by the Romans

Emphasis on the rights of the individual

• Rights to own property
• Right to a trial
• Rights to appeal
• The right to make a will & designate an heir
• The right to own business

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• Legal personality of corporations
• Contractual obligations
• Real and personal property
• Private ownership
• Courtroom procedures

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• Legal force of a will
• Right to vote