The Emergence of Roman Legal Science

Abstract The origins of Roman legal science date back to the later Republican era, when the pontifices greatly influenced the interpretation and administration of law. They were instrumental in shaping the law outlined in the Twelve Tables. In the second century BCE, secular jurists started to take over the roles of the pontiffs. The contributions of these jurists energetically fostered the rapid development of Roman private law. Their mastery lay in their ability to create a legal system that could be refashioned in accordance with changing social and political circumstances, through the successful integration of Roman material and Greek scientific methodologies. Their contributions enabled private law to attain greater independence from political authorities. Unlike their predecessors, who adhered to strict formalism and resisted alterations to the law's text, these Roman jurists embraced innovation. Their creativity in establishing a legal system capable of evolving with society's demands highlights a significant contribution of Roman legal science to Western culture. Mucius Scaevola and Servius Sulpicius Rufus are regarded as foundational figures in Roman legal science. They were a prime example of a new class of jurists who were to exert a powerful impact on Roman legal science in the following centuries. Classical jurists treated them with utmost respect, giving them due recognition for their contributions and innovative ideas. Their roles were indispensable in establishing the theoretical and philosophical foundations of the legal science that developed during their time.