ABSTRACT

This chapter addresses the spirit, style, and character of the Roman jurists, the true architects of the Roman legal system. The history of Roman legal science is inherently linked to the history of Rome. The best source of knowledge about Roman jurisprudence is the Digest of Justinian, a compilation of excerpts from the works of Roman jurists. Originally, Roman jurisprudence was in the hands of the high priests who took care of state religion, public worship, and sacral law. According to Pomponius, the founders of the civil law were Manius Manilius, Marcus Iunius Brutus, and Publius Mucius Scaevola. The most distinguished jurist among the Mucii was Quintus Mucius Scaevola Pontifex, perhaps the leading lawyer of the Roman Republic. A pupil of Aquilius Gallus, Servius Sulpicius Rufus was the most influential jurist of the generation after Scaevola. Cascelius, pupil of Volcatius, was an independent mind and a strong supporter of traditional republican ideals.