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Julius Paulus Prudentissimus

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Julius Paulus (Greek: Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus.

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Greek language

Greek language

Greek is an independent branch of the Indo-European family of languages, native to Greece, Cyprus, southern Italy, southern Albania, and other regions of the Balkans, the Black Sea coast, Asia Minor, and the Eastern Mediterranean. It has the longest documented history of any Indo-European language, spanning at least 3,400 years of written records. Its writing system is the Greek alphabet, which has been used for approximately 2,800 years; previously, Greek was recorded in writing systems such as Linear B and the Cypriot syllabary. The alphabet arose from the Phoenician script and was in turn the basis of the Latin, Cyrillic, Armenian, Coptic, Gothic, and many other writing systems.

Roman law

Roman law

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables, to the Corpus Juris Civilis ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

Praetorian prefect

Praetorian prefect

The praetorian prefect was a high office in the Roman Empire. Originating as the commander of the Praetorian Guard, the office gradually acquired extensive legal and administrative functions, with its holders becoming the Emperor's chief aides. Under Constantine I, the office was much reduced in power and transformed into a purely civilian administrative post, while under his successors, territorially-defined praetorian prefectures emerged as the highest-level administrative division of the Empire. The prefects again functioned as the chief ministers of the state, with many laws addressed to them by name. In this role, praetorian prefects continued to be appointed by the Eastern Roman Empire until the reign of Heraclius in the 7th century AD, when wide-ranging reforms reduced their power and converted them to mere overseers of provincial administration. The last traces of the prefecture disappeared in the Byzantine Empire by the 840s.

Life

Little is known of the life and family of Paulus; he was a man of Greek descent, who originated from an unknown Phoenician town or from Patavium (modern Padua Italy). The possibility that Paulus could come from Patavium is based on a statue with an inscription found in Patavium dedicated to a Paulus.

During the reign of emperors Septimius Severus and Caracalla, Paulus served as a jurist. He was exiled by the emperor Elagabalus and recalled from exile by his successor, emperor Alexander Severus. Severus and his mother Julia Avita Mamaea in 222, appointed him among the emperor's chief advisers and between 228 and 235, he was the Praetorian prefect of the Praetorian Guard. Paulus was a contemporary of the jurist Ulpian. He partly followed the career path of former Praetorian prefect Aemilius Papinianus. In a constitution of the emperor Gordian III dating from 239 and referring to the marriage, where is cited a response of Paul, he is called vir prudentissimus Paulus (C.J. 5.4.6).[1]

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Phoenicia

Phoenicia

Phoenicia was an ancient thalassocratic civilization originating in the Levant region of the eastern Mediterranean, primarily located in modern Lebanon and coastal Syria. The territory of the Phoenicians extended and shrank throughout history, with the core of their culture stretching from Tripoli in northern Lebanon to Mount Carmel in modern Israel. Beyond their homeland, the Phoenicians extended throughout the Mediterranean, from Cyprus to the Iberian Peninsula.

Padua

Padua

Padua is a city and comune in Veneto, northern Italy. Padua is on the river Bacchiglione, west of Venice. It is the capital of the province of Padua. It is also the economic and communications hub of the area. Padua's population is 214,000. The city is sometimes included, with Venice and Treviso, in the Padua-Treviso-Venice Metropolitan Area (PATREVE) which has a population of around 2,600,000.

Italy

Italy

Italy, officially the Italian Republic or the Republic of Italy, is a country in Southern and Western Europe. Located in the middle of the Mediterranean Sea, it consists of a peninsula delimited by the Alps and surrounded by several islands; its territory largely coincides with the homonymous geographical region. Italy shares land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates of Vatican City and San Marino. It has a territorial exclave in Switzerland, Campione. Italy covers an area of 301,230 km2 (116,310 sq mi), with a population of about 60 million. It is the third-most populous member state of the European Union, the sixth-most populous country in Europe, and the tenth-largest country in the continent by land area. Italy's capital and largest city is Rome.

Septimius Severus

Septimius Severus

Lucius Septimius Severus was Roman emperor from 193 to 211. He was born in Leptis Magna in the Roman province of Africa. As a young man he advanced through the customary succession of offices under the reigns of Marcus Aurelius and Commodus. Severus seized power after the death of the emperor Pertinax in 193 during the Year of the Five Emperors.

Caracalla

Caracalla

Marcus Aurelius Antoninus, better known by his nickname Caracalla was Roman emperor from 198 to 217. He was a member of the Severan dynasty, the elder son of Emperor Septimius Severus and Empress Julia Domna. Proclaimed co-ruler by his father in 198, he reigned jointly with his brother Geta, co-emperor from 209, after their father's death in 211. His brother was murdered by the Praetorian Guard later that year under orders from Caracalla, who then reigned afterwards as sole ruler of the Roman Empire. Caracalla found administration to be mundane, leaving those responsibilities to his mother. Caracalla's reign featured domestic instability and external invasions by the Germanic peoples.

Elagabalus

Elagabalus

Marcus Aurelius Antoninus, better known by his nicknames "Elagabalus" and Heliogabalus, was Roman emperor from 218 to 222, while he was still a teenager. His short reign was conspicuous for sex scandals and religious controversy. A close relative to the Severan dynasty, he came from a prominent Arab family in Emesa (Homs), Syria, where since his early youth he served as head priest of the sun god Elagabal. After the death of his cousin, the emperor Caracalla, Elagabalus was raised to the principate at 14 years of age in an army revolt instigated by his grandmother Julia Maesa against Caracalla's short-lived successor, Macrinus. He only posthumously became known by the Latinised name of his god.

Julia Avita Mamaea

Julia Avita Mamaea

Julia Avita Mamaea or Julia Mamaea was a Syrian noble woman and member of the Severan dynasty. She was the mother of Roman emperor Alexander Severus and remained one of his chief advisors throughout his reign. She was killed in 235 by rebel soldiers alongside her son.

Praetorian Guard

Praetorian Guard

The Praetorian Guard was an elite unit of the Imperial Roman army that served as personal bodyguards and intelligence agents for the Roman emperors. During the Roman Republic, the Praetorian Guard were an escort for high-rank political officials and were bodyguards for the senior officers of the Roman legions. In 27 BC, after Rome's transition from republic to empire, the first emperor of Rome, Augustus, designated the Praetorians as his personal security escort. For three centuries, the guards of the Roman emperor were also known for their palace intrigues, by which influence upon imperial politics the Praetorians could overthrow an emperor and then proclaim his successor as the new caesar of Rome. In AD 312, Constantine the Great disbanded the cohortes praetoriae and destroyed their barracks at the Castra Praetoria.

Constitution (Roman law)

Constitution (Roman law)

In Roman law, a constitution is a generic name for a legislative enactment by a Roman emperor. It includes edicts, decrees and rescripts. Mandata (instructions) given by the Emperor to officials were not Constitutions but created legal rules that could be relied upon by individuals.

Gordian III

Gordian III

Gordian III was Roman emperor from 238 to 244. At the age of 13, he became the youngest sole emperor of the united Roman Empire. Gordian was the son of Antonia Gordiana and Junius Balbus, who died before 238. Antonia Gordiana was the daughter of Emperor Gordian I and younger sister of Emperor Gordian II. Very little is known of his early life before his acclamation. Gordian had assumed the name of his maternal grandfather in 238.

Responsa

Responsa

Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them. In the modern era, the term is used to describe decisions and rulings made by scholars in historic religious law.

Code of Justinian

Code of Justinian

The Code of Justinian is one part of the Corpus Juris Civilis, the codification of Roman law ordered early in the 6th century AD by Justinian I, who was Eastern Roman emperor in Constantinople. Two other units, the Digest and the Institutes, were created during his reign. The fourth part, the Novellae Constitutiones, was compiled unofficially after his death but is now also thought of as part of the Corpus Juris Civilis.

Paulus's legal works

Title page of the 1566 edition of the Codex Theodosianus, edited by Jacques Cujas and published by Guillaume Rouillé, also containing the so-called Pauli sententiae
Title page of the 1566 edition of the Codex Theodosianus, edited by Jacques Cujas and published by Guillaume Rouillé, also containing the so-called Pauli sententiae

The Roman jurist Herennius Modestinus describes Paulus, along with Ulpian and Quintus Cervidius Scaevola, as among "the last of the great jurists". Paulus’ work was held in high respect.

He had written 319 various legal publications. His surviving works are extremely prolific, displaying a keen analysis of other opinions of jurists and Paulus expressed his legal views. He appears to have written on a great variety on legal subjects and had a thorough knowledge of legal subjects and law.

Paulus comments on the jurists Javolenus Priscus, Quintus Cervidius Scaevola, Marcus Antistius Labeo, Salvius Julianus and Aemilius Papinianus. He is cited by the jurists Macer and Herennius Modestinus. His writing style is condensed and sometimes obscure; however, his work is just as good as the other Roman jurists. Paulus’ work has survived from excerpts, although his work needs to be carefully read to be understood.

Paulus was one of the five jurists whose opinions were made constitutionally authoritative in 426 by Roman Emperors Theodosius II and Valentinian III. Another legacy from Paulus is the inclusion of his writings in the Digest which was written and put together by Byzantine Emperor Justinian I.

One sixth of the Corpus Juris Civilis in the Digest consists of Paulus’ work. He is the most excerpted Roman jurist in the Digest, ahead of Ulpian. The Digest attributes to Paulus the first articulation of the presumption of innocence in Roman law: Ei incumbit probatio qui dicit, non qui negat[2]—"Proof lies on him who asserts, not on him who denies".[3] Paulus in the Digest is also referred in two passages, which he gave a contrary opinion to Alexander Severus, but Severus chose Papinianus‘ opinion.

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Codex Theodosianus

Codex Theodosianus

The Codex Theodosianus was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 and the compilation was published by a constitution of 15 February 438. It went into force in the eastern and western parts of the empire on 1 January 439. The original text of the codex is also found in the Breviary of Alaric, promulgated on 2 February 506.

Jacques Cujas

Jacques Cujas

Jacques Cujas was a French legal expert. He was prominent among the legal humanists or mos gallicus school, which sought to abandon the work of the medieval Commentators and concentrate on ascertaining the correct text and social context of the original works of Roman law.

Herennius Modestinus

Herennius Modestinus

Herennius Modestinus, or simply Modestinus, was a celebrated Roman jurist, a student of Ulpian who flourished about 250 AD.

Quintus Cervidius Scaevola

Quintus Cervidius Scaevola

Quintus Cervidius Scaevola was a Roman jurist of the equestrian order. Both the Historia Augusta and the Tabula Banasitana attest that Scaevola was a member of Marcus Aurelius' consilium or inner circle of advisors. Except that Papinian was his student, little more is known of Scaevola's life.

Marcus Antistius Labeo

Marcus Antistius Labeo

Marcus Antistius Labeo was a Roman jurist.

Salvius Julianus

Salvius Julianus

Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus, generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus, was a well known and respected jurist, public official, and politician who served in the Roman imperial state. Of north African origin, he was active during the long reigns of the emperors Hadrian, Antoninus Pius, and Marcus Aurelius, as well as the shorter reign of Marcus Aurelius' first co-Emperor, Lucius Verus.

Aemilius Macer (jurist)

Aemilius Macer (jurist)

Aemilius Macer was a Roman jurist active in the third century AD.

Theodosius II

Theodosius II

Theodosius II was Roman emperor for most of his life, proclaimed augustus as an infant in 402 and ruling as the eastern Empire's sole emperor after the death of his father Arcadius in 408. His reign was marked by the promulgation of the Theodosian law code and the construction of the Theodosian Walls of Constantinople. He also presided over the outbreak of two great Christological controversies, Nestorianism and Eutychianism.

Byzantine Empire

Byzantine Empire

The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople. It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until the fall of Constantinople to the Ottoman Empire in 1453. During most of its existence, the empire remained the most powerful economic, cultural, and military force in Europe. The terms "Byzantine Empire" and "Eastern Roman Empire" were coined after the end of the realm; its citizens continued to refer to their empire as the Roman Empire, and to themselves as Romans—a term which Greeks continued to use for themselves into Ottoman times. Although the Roman state continued and its traditions were maintained, modern historians prefer to differentiate the Byzantine Empire from Ancient Rome as it was centred on Constantinople instead of Rome, oriented towards Greek rather than Latin culture, and characterised by Eastern Orthodox Christianity.

Justinian I

Justinian I

Justinian I, also known as Justinian the Great, was the Eastern Roman emperor from 527 to 565.

Corpus Juris Civilis

Corpus Juris Civilis

The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian.

Presumption of innocence

Presumption of innocence

The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact. If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt. If reasonable doubt remains, the accused must be acquitted. The opposite system is a presumption of guilt.

Pseudo-Pauline works

Due to his fame several other works have been attributed to him, in particular the 3rd century compilation Pauli sententiae ("Paul's Views" or "Sentences").[4] From Paulus’ surviving works and works attributed to him, the Sententiae ad Filium have the longest fragments.[5]

Economics

Source: "Julius Paulus Prudentissimus", Wikipedia, Wikimedia Foundation, (2022, February 6th), https://en.wikipedia.org/wiki/Julius_Paulus_Prudentissimus.

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Notes
  1. ^ Codex Iustinianus (in Latin). Berolini: apud Weidmannos. 1892. p. 195.
  2. ^ "Digesta seu Pandectae 22.3.2". Grenoble: Université Pierre-Mendés-France. Retrieved 2010-10-13.
  3. ^ Watson, Alan, ed. (1998) [1985]. "22.3.2". The Digest of Justinian. Philadelphia: University of Pennsylvania Press. ISBN 0-8122-1636-9.
  4. ^ Honoré, Tony (2003), "Iulius Paulus", in Hornblower, Simon; Spawforth, Anthony (eds.), The Oxford Classical Dictionary (3rd ed.), Oxford: OxfordUP, pp. 785–6, ISBN 978-0-19-860641-3
  5. ^ A list of various legal publications from Paulus, see ‘Dictionary of Greek and Roman Biography and Mythology’ Archived 2008-04-16 at the Wayback Machine
  6. ^ Schumpeter, Joseph A. (1954). History of Economic Analysis. Oxford University Press. — Part II (From the Beginnings to The First Classical Situation (to About 1790)), chapter 1 (Graeco-Roman Economics), section 7 (The Contribution of the Romans), page 70, footnote 6.
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