Roman legal thought: ius and lex
Early Roman rules were kept in memory, and only a few priests and nobles knew them. Ordinary people felt this was unfair. Around 450 BCE the rules were carved on twelve tablets and put up in the market place. Now anyone could read them.
Two words matter. Ius means law as right and fair: what a person is allowed to do or can claim. Lex means one written law passed by the people or the state. Roman thinkers said law should be fair, should apply to all citizens, and should be explained by reason.
Codification: one book of law
Over many centuries Rome made thousands of laws and opinions of lawyers. They began to disagree with each other. So emperors ordered the laws to be sorted, cut down and gathered into law books. This is codification. The best known big collection was made for Emperor Justinian in the 6th century CE. A clear book makes judges give similar answers to similar cases.
Building: domus, insula, hypocaust, basilica
- Domus: the house of a rich family, built round an open courtyard.
- Insula ("island"): a block of flats, several floors high, for ordinary city people.
- Hypocaust: floor heating. Hot air from a furnace flowed through spaces under the floor and inside the walls.
- Basilica: a big hall with rows of columns, used for courts and business. Later churches copied its shape.
- Concrete: a mix of lime, sand, water and small stones. It set hard, even under water, and allowed wide arches and domes.
- Glass: window glass appeared in rich houses and baths, so rooms were bright and warm.
Roads, milestones and aqueducts
A Roman road had layers: soil at the bottom, big stones, then gravel, then paving. The top was a little higher in the middle so rain ran off. A milestone stood at each mile and told the distance to the town. Roads let armies and traders move fast.
An aqueduct carried clean water from a spring or lake to a town. Most of it ran in tunnels and ditches. Where it crossed a valley it went on a bridge of arches. Water cannot go uphill by itself, so the channel sloped down by a tiny amount, a little over 1 part in 1000 in many aqueducts.
The empire under Trajan and its cities
Emperor Trajan ruled from 98 to 117 CE. In his time the empire was at its biggest, reaching from Britain in the west to the lands near the Euphrates river in the east. Its edge was guarded by a line of forts and walls called the limes (frontier).
Roman towns were planned with straight streets and a central square. Many cities in Europe today began as Roman towns, for example London (Londinium), Paris (Lutetia), Vienna (Vindobona), Cologne (Colonia) and Budapest (Aquincum). Names ending in -chester or -cester and "Colonia" often show a Roman start.
Roman law in later Europe
After the western empire fell (476 CE), the law books were kept. From the 12th century, scholars in European universities studied them again. Many countries built their own laws on Roman ideas. Examples: a written code, rules about ownership and contracts, "innocent until proved guilty", and the idea that a law should be written, public and the same for citizens.
Today many legal systems, such as those of France, Germany, Poland and Spain, are called "civil law" systems because they follow this written-code habit.
Try it: find Rome near you
Look at a water tank pipe at home: does it slope down? Look for a milestone on a road. Name three things at school that are written rules. Then guess, before looking: how many tablets did Rome use? (12.)
Key formulas and definitions
- ius = law as right and fair; lex = one written law
- Codification = gathering laws into one clear book
- Aqueduct slope โ a small drop over a long distance (water flows downhill)
- Roman road = soil โ big stones โ gravel โ paving
- Limes = frontier line; milestone = distance marker; hypocaust = floor heating; basilica = hall for courts
Worked examples
1. Why were the laws carved on the Twelve Tables?
Only a few people knew the laws. By writing and displaying them, everyone could read them, so rulers could not change them in secret.
2. Why does an aqueduct need a slope?
Water only flows downhill by itself. A small steady slope lets it move for many kilometres without pumps.
3. Why did Romans build roads in layers?
The stones and gravel let rain drain away and carry heavy loads, so the road did not turn to mud.
4. Name the Roman word for a flat block and for a rich family house.
Insula (flats) and domus (house).
5. What is codification and why is it useful?
Gathering many laws into one organised book. It removes contradictions so similar cases get similar answers.
6. Give one way Roman law still affects Europe.
Many European countries use civil law: a written code made by lawmakers, with ideas of ownership, contracts and fair trial taken from Roman law.
Common mistakes
- Thinking ius and lex are the same. Ius is the idea of right; lex is one written law.
- Saying Rome invented concrete from nothing. Romans improved lime-based concrete and used it for arches and domes.
- Believing all Roman water ran on arches. Most of it flowed in tunnels and ditches; arches were for valleys.
- Mixing up the limes (a frontier) with a Roman road.