Publius Salvius Iulianus (lawyer)

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Lucius Octavius ​​Cornelius Publius Salvius Iulianus Aemilianus (* approx. 108) was a Roman politician and an important lawyer .

Julian came from Hadrumetum in Africa . In his career he went through the course honorum , the honorary career of a Roman politician. His Quaestur and his tribunate under Emperor Hadrian (117-138) have been handed down, around 138 he held his first high magistrate , the Praetur . He belonged to the close legal advisory group in the Consilium , which was responsible for controlling the Senate in its legislation. Probably from 141 to 147 he worked as prefect of the district. (praefectus aerarii Saturni item Militaris) . He directed the Sabine law school and was a student of the Javolen when he was a student .

In 148 Julian was an ordinary consul . This is confirmed by a military diploma from March of the same year, as well as by the Fasti Ostienses . Around 151/2 he was transferred to the provincial capital Colonia Claudia Ara Agrippinensium ( Cologne ) as a legacy of Germania inferior . A military diploma dated September 152 also provides information on the date of this office. Then Julian came as a legate in the province of Hispania citerior (probably 161-164) and in the year of office 167/8 he was finally proconsul of the province Africa proconsularis . From there - from Pupput - comes an inscription, which is important for the development of Julian's curriculum vitae. According to the Historia Augusta , Julian was also Praefectus urbi , but this information is not correct. He belonged to the college of the Quindecimviri sacris faciundis and was also pontiff . His son Publius Salvius Iulianus became consul in 175. Hadrian, whom he assisted as an advisor, had entrusted him with the editing of the edictum perpetuum (final version of the praetoric edict ).

Julian was a friend of the emperors Mark Aurel and Lucius Verus to whose respective consilium he belonged. He worked as a legal writer and respondent . He left behind 90 libri digesta , plus four and six arrangements respectively by Urseius Ferox and Minicius in the libri ad Urseium Ferocem and libri ex Minicio . His pupil Sextus Caecilius Africanus also published a collection of Julian's decisions ( Quaestiones ). All writings are only partially and partly changed in the digests of the late Roman emperor Justinian I (527-565). Nevertheless, the excellent accuracy of Julian's decisions is still recognizable. Many of the solutions he found still apply today. It is mainly his elegance in the concrete illustration, his factually clear persuasiveness in the formulation of his decisions and his intuition that are praised. That is why Julian is the most important Roman lawyer and is also considered one of the most important lawyers of all time.

literature

Remarks

  1. Christoph F. Wetzler: Rule of Law and Absolutism: Considerations on the Constitution of the Late Antique Empire based on CJ 1.14.8 , (= Freiburg legal-historical treatises ). At the same time: University, dissertation, Freiburg (Breisgau), 1995/96. Duncker and Humblot, Berlin 1997, ISBN 3-428-08968-5 , pp. 168 ff. (169).
  2. a b 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. 15 (pp. 12-13).
  3. a b Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 44 f.
  4. CIL 16,00095
  5. CIL 06, 00375
  6. AE 2004, 01911
  7. CIL 08, 24094
  8. Historia Augusta, Didius Iulianus , 1,1
  9. The person of Urseius Ferox, like that of Minicius, remains in the dark. Apart from the fragments from Julian's Libri ad Urseium Ferocem , it is only mentioned in five places ( Digestae 10.5; 27.1; 11.2; 1.10). Some sources allow conclusions to be drawn about the time in which Ferox lived. This shows that Ferox probably lived under Hadrian during the time of Emperor Vespasian (69–79) or Trajan (98–117).
  10. Little is known about Africanus. That he was Julian's pupil can be deduced from an ulpian passage (Digestae 3,4) and his quaestiones . He is probably identical with the Sextus Caecilius, whom Aulus Gellius had in his Noctes Atticae in conversation with the philosopher Favorinus as an expert on the Twelve Tables . Possibly he came from Thuburbo Minus , where the Sexti Caecilii are attested in inscriptions.