Drawing on epigraphic, legal, literary, and numismatic sources, this book reveals how, in the Roman Republic, law and religion interacted to serve the same purpose, the continued growth and consolidation of Rome’s power.

Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems. After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

Roman religion as we know it is largely the product of the middle and late republic, the period falling roughly between the victory of Rome over its Latin allies in 338 B.C.E. and the attempt of the Italian peoples in the Social War to stop Roman domination, resulting in the victory of Rome over all of Italy in 89 B.C.E. This period witnessed the expansion and elaboration of large public rituals such as the games and the triumph as well as significant changes to Roman intellectual life, including the emergence of new media like the written calendar and new genres such as law, antiquarian writing, and philosophical discourse. In Religion in Republican Rome Jörg Rüpke argues that religious change in the period is best understood as a process of rationalization: rules and principles were abstracted from practice, then made the object of a specialized discourse with its own rules of argument and institutional loci. Thus codified and elaborated, these then guided future conduct and elaboration. Rüpke concentrates on figures both famous and less well known, including Gnaeus Flavius, Ennius, Accius, Varro, Cicero, and Julius Caesar. He contextualizes the development of rational argument about religion and antiquarian systematization of religious practices with respect to two complex processes: Roman expansion in its manifold dimensions on the one hand and cultural exchange between Greece and Rome on the other.

In Lands, Laws, and Gods, Daniel Gargola examines the formulation and implementation of laws regulating the use of public lands, including the establishment of colonies, in Republican Rome (509-27 B.C.). During this period of territorial expansion, the Romans developed the basic legal forms by which they governed captured land, and they constructed the processes and ceremonies by which those forms were translated into practice. Using agrarian law as a case study and focusing especially on rituals that both validated and gave structure to the administrative process, Gargola demonstrates the fundamental connections between religion, law, and government. Essential acts in the administration of agrarian legislation, such as the transfer of land from one party to another and the granting of contracts for public works, depended upon ritual formulas and gestures, often within the context of religious ceremonies. By recovering these formulas and their larger significance, Gargola reconstructs an important dimension of Roman life. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

This book presents the legislation that formed the basis of Roman law - The Laws of the Twelve Tables. These laws, formally promulgated in 449 BC, consolidated earlier traditions and established enduring rights and duties of Roman citizens. The Tables were created in response to agitation by the plebeian class, who had previously been excluded from the higher benefits of the Republic. Despite previously being unwritten and exclusively interpreted by upper-class priests, the Tables became highly regarded and formed the basis of Roman law for a thousand years. This comprehensive sequence of definitions of private rights and procedures, although highly specific and diverse, provided a foundation for the enduring legal system of the Roman Empire.

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.