70Chapter 4
DOCUMENT 4.4
Ulpian: Roman Law
The Roman jurist Ulpian was born at Tyre in Phoenicia and
died in A.D. 225. His writings on the law comprise almost a
third of Justinian’s Digest of the Laws.(see chapter 6). In
this selection he describes the moral and intellectual basis of
Roman law and, in so doing, demonstrates its importance in
Roman thought and practice. Note in particular Ulpian’s un-
derstanding of natural law, which was to have a great influ-
ence on Western jurisprudence down to the present day.When a man means to give his attention to law, he
ought first to know whence the term law (ius) is
derived. Now it is so called from justice (iustitita).
In fact, as Celsus neatly defines it, iusis the art of
the good and fair. Of this art we may deservedly
be called the priests; we cherish justice and profess
the knowledge of the good and the fair, separating
the fair from the unfair, discriminating between the
permitted and the forbidden, desiring to make
men good, not only by the feat of penalties, but
also by the incentives of rewards, affecting, if I
mistake not, a true and not a simulated philosophy.
This subject comprises two categories, public
law and private law. Public law is that which regards
the constitution of the Roman state, private law that
which looks to the interest of individuals; for some
things are beneficial from the point of view of the
state, and some with reference to private persons.
Public law is concerned with sacred rites, with
priests, with public officers. Private law is tripartite,
being derived from the rules of natural law, or of the
law of nations, or of civil law. Natural law is that
which all animals are taught by nature; this law is
not peculiar to the human race, but is common to
animals which are produced on land or sea, and to
the birds as well. From it comes the union of male
and female, which we call matrimony, and the pro-
creation and bearing of children; we find in fact
that animals in general, even the wild beasts, are
marked by acquaintance with this law. The law of
nations is that which the various people of mankind
observe. It is easy to see that it falls short of natural
law, because the latter is common to all living crea-
tures, whereas the former is common only to hu-
man beings in their mutual relations.
Justinian. Digest of the LawsI: 3–4, from Roman Civilization:
Third Edition: 2 Vol. Set,Naphtali Lewis and Meyer Rheinhold,
eds. Copyright © 1990, Columbia University Press. Reprinted
with permission of the publisher.was that the equitesand the hoplite class had enough
votes between them to outnumber everyone else. This
protected the wealthy of both orders and, on property
issues at least, made them allies. Wealth rather than
birth was becoming the chief source of political power.
Property issues came to a head after the Gallic
invasion of 387 B.C. Many poor Romans lost their
property and were forced into debt slavery. Popular re-
bellions in 385 B.C. and 375 B.C., though unsuccessful,
led to a series of reforms. Under the Licinian-Sextian
Laws of 367 B.C., plebeians were admitted to the high-
est offices of the state, and the popular assembly was al-
lowed to pass laws, subject to senatorial approval. The
result was a century of reforms. New laws abolished
debt slavery and expanded the distribution of public
land to poor citizens. Implementation was made easier
by rapid territorial expansion during the second half of
the fourth century B.C. The rich were prevented from
seizing all of the gains. Finally, in 312 B.C., the Senate
admitted plebeians to membership for the first time,
and in 287 B.C. it lost its veto power over the popular
assembly. The Struggle of the Orders had ended.
The government that emerged from this prolonged
controversy was, in theory at least, carefully balanced
to represent the interests of all Roman citizens and was
for this reason of great interest to the theorists who,
two thousand years later, framed the U.S. Constitution.
Legislative authority rested in the centuriate and ple-
beian assemblies, though the decrees of the latter may
not have been binding upon all citizens and the most
important function of the centuriate assembly was to
elect the consuls and other magistrates. Leadership of
the state, including command of the army, was vested
in two consuls who served one-year terms and could
succeed themselves only after a ten-year interval. In
theory, the consuls inherited the full imperiumor author-
ity of the old monarchy, and their edicts had the force
of law. In practice, they consulted closely with the Sen-
ate and could veto each other’s measures if necessary. In
war, one consul normally commanded the legions while
the other remained at home to govern, but it was not
uncommon for both consuls to take the field and com-
mand the army on alternate days. In moments of ex-
treme crisis, the consuls could also appoint a dictator,
subject to senatorial approval. The dictator, who was
always an experienced general, held absolute power for
six months and could mobilize the resources of the
state without legal interference.
These arrangements met the defensive needs of a
small community, but as Rome expanded, campaigns
grew longer. Armies had to be maintained in distant ar-