Papinian

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Statue of Papinianus

Aemilius Papinianus (short Papinian ; * 142 ; † 212 ) was a Roman lawyer and civil servant in the service of the emperor Septimius Severus . Its exact origin is unclear. According to the latest research, he was born either in the province of Syria or in Africa . Papinian and Severus had both been students of Quintus Cervidius Scaevola . Papinian was possibly related by marriage to Severus' second wife, Julia Domna .

career

Papinian began his career as an advocatus fisci (lawyer of the fiscus ), whereupon he took over the management of the imperial dragonfly chancellery ( a libellis ) in September 194, a few months after the Roman counter-emperor Pescennius Niger was defeated , responsible for the legally formulated replies of the emperor which were drawn up and issued in response to requests from citizens to the regent in the form of legal notices.

Either in the year 203 or at the latest in the spring of 205, after the fall of the praefectus praetorio Plautian , Papinian, subordinate to the first-rate Quintus Maecius Laetus , was appointed second Praetorian prefect .

Relationship with Severus

An obituary for Caracalla obtained from the Historia Augusta shows that there was a close friendship between Papinian and Severus. The emperor valued his friend's legal expertise and advice, but above all his unqualified loyalty. For example, the emperor in Eboracum , who was already severely affected by illness, is said to have asked his son Caracalla, after he had obviously tried to kill his father, to kill him with a sword offered. If he was unable to do so, he should instruct the Praetorian Prefect Papinian who was present with the sword blow.

Severus, who was aware of the threatening rivalry between his sons Caracalla and Geta , asked Papinian shortly before his death to mediate between the two successors. He tried in vain to keep peace between the heirs. At the end of 211, Caracalla had Geta murdered and his friends a little later.

death

Papinian was removed from the post of Praetorian prefect by Caracalla after the death of the emperor around the year 211/212.

Initially, the fratricide Caracalla left the respected lawyer Papinian in his legal advisory position. He asked him to declare the liquidation of his brother Geta before the people and the Roman Senate as an act of constitutional self-defense.

Papinian refused. The details are reported in various ways and have perhaps been given overdue embellishments. On the initiative or at least with the approval of the new Emperor Caracalla, Papinian was accused by dissatisfied Praetorians . When Caracalla allowed the Papinian to be executed in 212, he is said to have addressed the following words to the Praetorians:

" For you, not for me, I rule and therefore I bow to you, both as accusers and as judges".

He reprimanded his murderer for killing with an ax instead of a sword .

reception

Although his work was not so extensive compared to other late classical jurists such as Ulpian or Iulius Paulus , both of whom worked as assessors for him during Papinian's time as praefectus praetorio , he had significant influence. The law of citations Valentinian III. , which came into force in 426 and became final in the Codex Theodosianus in 438 , stipulated that if there was no majority of legal sources (from him, Ulpian, Iulius Paulus, Herennius Modestinus and Gaius ) for or against a decision or interpretation, In the event of a tie, the side represented by Papinian should prevail.

His main works are the quaestiones in 37 books (written before 198), libri responsa (written between 204 and his death), Definitiones and De adulteriis . The German baroque poet Andreas Gryphius dealt with Papinian's death in his tragedy Magnanimous Legal Scholar or Dying Aemilius Paulus Papinianus .

The late antique posterity the neutral, sharp and ethically argumentative Aemilius Papinianus whose jurisdiction in Roman Law nachwirkte long recognized as the greatest Roman jurists.

literature

  • Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 17 (p. 13).
  • Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 46.
  • Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 17.
  • Detlef Liebs : Court lawyers from the Roman emperors to Justinian. Bavarian Academy of Sciences, Philosophical-Historical Class, Munich 2010, CH Beck, ISBN 978-3-7696-1654-5 , Papinian
  • Detlef Liebs: Aemilius Papinianus. In: Klaus Sallmann (ed.): The literature of upheaval. From Roman to Christian literature, AD 117 to 284 (= Handbook of Ancient Latin Literature , Volume 4). CH Beck, Munich 1997, ISBN 3-406-39020-X , pp. 117-123
  • Amalia Sicari: Leges venditionis. Uno studio sul pensiero giuridico di Papiniano. Cacucci, Bari 1996.

Remarks

  1. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 1 no. 17 (p. 13).
  2. ↑ Historia Augusta 13.8.2 (English translation)
  3. ↑ Historia Augusta 13.8.3 (English translation)
  4. ↑ CIL 06, 228
  5. ↑ Historia Augusta 13,8,2.3 (English translation)
  6. ↑ Cassius Dio 77,14,5f. (English translation)
  7. ↑ Historia Augusta 13.8.3 (English translation)
  8. ↑ Cassius Dio 78,1,1 (English translation) , archived from the original, accessed December 20, 2018
  9. ↑ Historia Augusta 13.8.5 (English translation)
  10. ↑ Cassius Dio 78,4,1a (English translation) , archived from the original, accessed on December 20, 2018
  11. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 46.
  12. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 17.
  13. ↑ Codex Theodosianus 1,4,3, Guido Pfeifer , structure of the lecture Introduction to Legal History: Roman Law III - The Justinian Legislative Work - The so-called Citation Act of 426 (PDF)
  14. ↑ Historia Augusta 10,21,8 (English translation)
personal data
SURNAME Papinian
ALTERNATIVE NAMES Papinianus, Aemilius (full name)
BRIEF DESCRIPTION Roman jurist, Praetorian prefect
DATE OF BIRTH 142
DATE OF DEATH 212