Gaius (jurist)
Gaius (130–180) was a famous Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius (Gaius) being simply his personal name ( praenomen ). As with his name, it is difficult to determine his lifespan, but it is safe to assume that he lived from 110 AD. C. until at least 179 AD. C., since he wrote about the legislation passed at the time.
From the internal evidence in his works it can be deduced that he flourished in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works were thus composed between the years 130 and 180. After his death, however, his writings were recognized as highly authoritative, and Emperor Theodosius II named him in the Law of Citations, along with Papinianus, Ulpian, Modestinus, and Paulus. , as one of five jurists whose opinions court officials were to follow in deciding cases. Consequently, the works of these jurists became the most important sources of Roman law.
In addition to the Institutions , which are a comprehensive exposition of the elements of Roman law, Gaius authored a treatise on the Edicts of the Magistrates , Commentaries on the Twelve Tables , and on the important Lex Papia Poppaea , and several other works. His interest in the antiquities of Roman law is evident, and for this reason his work is highly valuable to the historian of early institutions. In the disputes between the two schools of Roman jurists he generally sided with that of the Sabines, who were said to be followers of Ateius Capito, of whose life we have some account in the Annals.of Tacitus, and advocate strict adherence as far as possible to ancient rules, and resist innovation. Many quotations from the works of Gaius appear in the Digest, created by Tribonian under the direction of Justinian I, and he thus acquired a permanent place in the system of Roman law; while a comparison of the Institutions of Justinian with those of Gaius shows that the whole method and arrangement of the later work was copied from that of the earlier, and many passages are the same word for word. The Digest and the Institutes of Justinian are part of the Corpus Juris Civilis. For probably most of the three-century period between Gaius and Justinian, his Institutes had been the familiar textbook for all students of Roman law.
Lifetime
Little is known of Gaius's life, not even his full name. From his works it can be concluded that he worked in the reigns of the emperors Hadrian, Antoninus Pius, Marcus Aurelius and Commodus. His works, therefore, were written between 130 and 180, at a time when the Roman Empire was at its height and his reign was most prosperous. The main assumption is that Gaius lived in a provincial town, which is why we have no contemporary notes on his life or work. Theodor Mommsen's attempt to place Gaius in the Greek-dominated eastern half of the empire, specifically the Troad, was highly controversial.
Gaius was considered a stranger to classical jurisprudence. As a law professor, he worked without imperial legitimacy to answer juridical and juridical questions on behalf of the emperor, and thus without ius respondi. Since he did not engage in any discussion of case problems, his colleagues did not consider him citable. After his death, his writings were recognized as being as authoritative as the emperors Theodosius II and Valentinian III. he named him in his citation law of 426, along with Papinian, Ulpian, Modestino, and Iulius Paulus, as one of the five jurists whose opinions should be followed by judicial officials in cases that were too decisive. The works of these jurists became the most important sources of Roman law.
The Mystery of Gaius
We only know Gaius by his first name. Among the possible explanations, it is possible to imagine that he was not a Roman citizen, or that he had been for a short time. We can also imagine that we called him by his first name because he was well known, or that it was a pseudonym. Some historians have even wondered if she was not a woman, due to the feminist nature of his work. Indeed, Gaius mocks those who regard women as wholly "incapable."
Another cause for surprise is that his contemporaries and his immediate successors do not cite it, however it will occupy a privileged place in the legal literature of the following centuries, and in particular in the Digest .
The Institutes of Gaius
The Institutes of Gaius, written around 161 AD, was an introductory textbook on legal institutions divided into four books: the first deals with people and the differences in status they can occupy before the law; the second of the things, and the ways in which the rights to them can be acquired, including the law relating to wills; the third of intestate succession and obligations; and the fourth of actions and their forms.
Another circumstance that makes Gaius's work more interesting to the student of history than Justinian's is that Gaius lived at a time when actions were judged by the system of formulas, or formal instructions given by the praetor before the court. which the case was first filed. to the judex to whom he referred it. Without knowledge of the terms of these formulasit is impossible to settle the most interesting question in the history of Roman law, and to show how the rigid rules peculiar to the ancient law of Rome were modified by what has been called the equitable jurisdiction of the praetors, and made applicable to new conditions, and in harmony with the notions and needs of a more developed society. It is clear from Gaius's evidence that this result was obtained, not by an independent set of courts administering, as in England before the Laws of the Judiciary, a different system from that of the ordinary courts, but by the manipulation of the formulas . By Justinian's time the work was complete and the formulary system had disappeared.
The work was lost to modern scholars until, in 1816, BG Niebuhr discovered a palimpsest in the Verona chapter library, in which some of Saint Jerome's works were written over some earlier writings, which turned out to be the lost ones. Gaius' work. However, most of the palimpsest has been deciphered with the help of August von Bethmann-Hollweg, and the text is now fairly complete. More recently, two sets of papyrus fragments have been found. The discovery of Gaius's work has thrown a torrent of light on portions of the history of Roman law that had previously been very obscure. Much of the historical information given by Gaius is missing from Justinian's compilations and, in particular, from the account of ancient ways of proceeding in actions.
There are several editions of the Institutes , beginning with IFL Göschen 's editio princeps (Berlin, 1820). The author of the 1911 Encyclopædia Britannica recommends Edward Poste's English edition published in 1885, which includes an English translation and numerous commentaries. More recent editions include E. Seckel and B. Kuebler (eighth edition; Leipzig, 1939); Francis de Zulueta, containing his own Latin text with an English translation and commentary (1946); and WM Gordon and OF Robinson (London, 1988), with an English translation and the Latin text by Seckel and Kuebler. A comparison of the early forms of action mentioned by Gaius with those used by other primitive societies will be found in Sir Henry Maine. Early Institutions , chapter 9. For more information, see M. Glasson, Étude sur Gaius et sur le jus respondedi .
The Gaius relief located above the gallery entrance in the House Chambers in Washington DC was sculpted by Joseph Kiselewski.
Works
In addition to the Institutiones (Institutes, institutions), which are a comprehensive compilation of the elements of Roman law, Gaius authored commentaries on the Edicts of the Judicial Officers, the Twelve Tables, and the Lex Papia Poppaea , among other things. . His historical-legal interest in the beginnings of Roman law is evident, which is why his work on the history of the first institutions is extremely valuable. In disputes between the two schools of law, the Sabinians and the Proculians, he generally sided with the tradition-conscious Sabinians, whose founder is said to have been Gaius Ateius Capito and whose life is told to us through the annals of Tacit.having information Gaius advocated a strict adherence to the old rules and opposed proculian approaches, which had advocated a restrictive and possibly also extensive interpretation of the law in order to generate a higher level of general validity in the verdict. His achievements in the areas of abstract dogmatics and systematic procedures are significant for posterity. We find many citations from his work in the Digests of Justinian, thus earning a permanent place in the Roman legal system. A comparison of institutions.of Justinian with those of Gaius shows that the general methodology and arrangement of the later work follows that of the earlier, and many passages even correspond verbatim. Presumably, in the three centuries between Gaius and Justinian, the former's institutions were the standard textbook for all students of Roman law. In the Digests of Justinian, the works of Gaius are represented by 535 fragments. The res cottidianae and the res aurea (seven books) are believed to be revised versions of the Institutiones .
The work was lost to modern scholars until 1816, when Barthold Georg Niebuhr discovered a manuscript in the Verona Abbey Library containing some of Saint Jerome's works written over earlier texts that turned out to be the lost writings of Gaius. Most of this palimpsest has been deciphered and the text is now nearly complete. The discovery has shed much light on parts of Roman legal history that were previously largely obscure. Much of the historical information derived from Gaius is missing from Justinian's compilation, and in particular the description of the ancient rules of procedure. In these regulations, survivorstraced from earliest times, providing valuable clues to help comparative legal research explain strange procedural rules of other early systems.
Another fact that makes Gaius's writings more interesting for historical research than Justinian's is that Gaius lived in a time when procedures were advanced by the system of formulas. The formulas were the formal dispute programs of the parties, which the praetor, under official instructions, translated from substantive law to procedural practice before submitting them to the judge for his decision. Gaius dealt with the creative freedom of the praetor on questions of fact and law relevant to the decision and formal aspects. Without knowledge of the terms of the formulas provided by Gaius, it would be impossible to trace the interesting question of how the old and rigid rules of the praetorian jurisdiction were transformed and brought into line with the ideas and needs of an evolving society. It is clear from Gaius's testimony that this result was achieved not by an independent judicial administration, as in England before the Judiciary Act , a system different from that of the ordinary courts of justice, but by a manipulation of the formulas . By the time of Justinian, the work was done and the system of formulas had disappeared.
The Institutiones des Gaius is divided into three subjects ( personae , res , actiones – persons, things, actions) and consists of four books: the first deals with persons and the differences in status they have before the law; the second deals with things and the ways in which rights can be acquired over them, including the right of testament; the third, on inheritance without a will and on obligations; the fourth deals with the process and the regulations.
The influence of the Institutions of Gaius is still evident today. Not only were they revised in the Corpus Iuris Civilis , but as an institutional system they also shape the structure of modern codifications, from the French Civil Code to the Austrian General Civil Code (ABGB) and the Italian Codice civile to the general part of the Civil Code (BGB).
Importance
His exceptional reputation among specialists in Roman law, and law in general, is due to the discovery in 1816 of a manuscript containing the Institutiones, which the jurist had made for teaching, and which shows with unprecedented clarity the framework of the Roman law. classical Roman law. This is the only work of the classical period that we know directly, without the intermediation (and additions) of the Justinian jurists.
From the analysis of his texts it was argued that Gaius was not very aware of the doctrinal evolution of the time, especially when he declared himself a Sabinian at the time of the Antonians (where the rivalry between the Sabine and Proculean schools had practically disappeared). , which would reaffirm his provincial character. In addition, for some authors he was not properly a jurist, but a mere author of law manuals. Added to this opinion is the fact that he lacked the ius respondedi (authorization given to jurists to give opinions on behalf of the emperor) and the lack of background on his condition as consultant.
In any case, his interest in ancient Roman law was evident, and for this reason his work is highly valuable to historians of early Roman institutions.
His Institutiones reached wide circulation during the Dominada (and for this reason it is practically the only work of Roman law that arrived almost complete, apart from the Corpus Iuris Civilis ), being used until the time of Justinian, as a text for students. of law (being the subject of several editions and even reworkings and summaries). In fact, Justinian's Institutiones were mainly based on the work of Gaius.
In addition, he was included, along with Ulpiano, Paulo, Modestino and Papiniano, in the citation law of 426, which regulated the recitatio of the works of jurists before the courts (that is, which jurists could be invoked and the criteria for the citation). decision of the judge before diverse opinions of these).
Legacy
Gaius first makes an introduction to the sources of law. He then organizes his comments into a tripartite plan: "All the law we use refers to persons, property or actions." This presentation remains that of the French Civil Code (same tripartite plan) and of many contemporary law textbooks, developing the distinctions between persons and goods, or between the subjects of the law, the objects of the law and the sanctions of the law. law. .
The source of this rational organization is certainly Greek philosophy, which penetrated Roman law. Cicero, in his De Oratore by him, wanted this link to be established between Greek philosophy and the science of law in Rome. Gaius fulfills Cicero's wish, by dealing with the entirety of the law. He divides legal categories into "genera" and "species."
Quotes
“The law is what the people order and establish”, Institutiones, 1.2.3 .