The Foundations of Roman Legal Thought

Roman jurists famously defined law as “the art of the good and equitable” (ars boni et aequi), a phrase attributed to the jurist P. J. Celsus. This concept reflects Rome’s pragmatic approach to jurisprudence—laws were meant to evolve alongside society rather than remain static. The history of Roman law can be divided into three distinct phases, each reflecting the empire’s shifting political and cultural landscape.

The first period (753–150 BCE) saw Rome’s transformation from a city-state to a Mediterranean power. Legal codes during this era primarily served the interests of Rome’s Latin citizens. The second period (150 BCE–300 CE) marked Rome’s expansion into a multicultural empire, necessitating laws that accommodated diverse populations. By the third period (4th–6th centuries CE), Roman law had absorbed Christian influences under Emperor Constantine, culminating in Justinian’s codification—a work that preserved earlier legal traditions while adapting them to a new religious context.

The Unfinished Codifications: Sulla and Caesar

Before Emperor Hadrian’s comprehensive legal reforms, two notable figures attempted to systematize Roman law. In the 1st century BCE, the dictator Sulla began compiling criminal statutes but abandoned the project after achieving his political goals. Julius Caesar later revived the effort, shifting focus to civil law, but his assassination left the work incomplete. These early attempts reveal both the necessity and difficulty of legal consolidation in a rapidly expanding empire.

Hadrian’s Legal Renaissance

When Hadrian assumed power in 117 CE, he inherited an empire with inconsistent legal practices across its provinces. Unlike his predecessors, Hadrian approached legal reform as part of a broader imperial reorganization. His strategy involved:
– Abolishing obsolete laws
– Introducing new legislation for emerging needs
– Systematizing existing statutes into a coherent framework

Hadrian assembled a team of jurists—Neratius Priscus, P. J. Celsus, and Salvius Julianus—who combined scholarly expertise with practical governance experience. Their work resulted in the Perpetual Edict (131 CE), which standardized legal interpretations for magistrates across the empire. Remarkably, many of their principles survived in Justinian’s Codex centuries later.

Social Reforms Through Legal Innovation

Hadrian’s laws addressed pressing societal issues with remarkable foresight:

### Humanizing Criminal Justice
– Abolished collective punishment of slaves (a reform prompted by public outrage after Nero’s mass executions)
– Distinguished between murder, manslaughter, and justifiable homicide
– Protected family inheritances from arbitrary confiscation

### Protecting Vulnerable Groups
– Granted inheritance rights to soldiers’ illegitimate children
– Criminalized exploitation of shipwreck victims
– Banned corporal punishment against pregnant women
– Regulated slave treatment while maintaining the institution

### Economic and Cultural Safeguards
– Standardized commercial weights and measures to ensure fairness
– Preserved historic buildings from demolition—an early heritage protection law
– Instituted gender-segregated bathing hours in response to social concerns

Architectural Legacy: Law in Stone

Hadrian’s building projects mirrored his legal philosophy—innovative yet rooted in tradition. The Temple of Venus and Rome showcased his unconventional approach with its dual, back-to-back shrines. Though criticized by traditionalists like architect Apollodorus, this structure reflected Hadrian’s willingness to challenge conventions.

The Pantheon stands as his greatest architectural achievement, blending engineering prowess with cosmological symbolism. Unlike Trajan’s utilitarian projects, Hadrian’s buildings served as physical manifestations of imperial ideology.

Enduring Influence on Modern Legal Systems

Roman law’s legacy persists in unexpected ways:
– British common law incorporates principles from Hadrian’s property statutes
– The distinction between criminal intent and negligence remains foundational
– Modern humanitarian laws echo Rome’s (limited) protections for enslaved persons

Hadrian’s greatest achievement was demonstrating that legal systems must balance stability with adaptability—a lesson that continues to shape jurisprudence today. By preserving classical Roman law while allowing for necessary reforms, he created a framework that would influence civilizations for millennia.