AUGUSTUS
Issue I/2015
The first issue of the new journal IUS ROMANUM is dedicated to the 2000-th anniversary from the death of the first Roman emperor Octavian August. He is considered the father of the Roman Empire in spite of the fact that during his rule the institutions of the republican period were still alive. The age of August is known as PAX ROMANA, and marks the beginning of a long period of peace which favored both the economic development and the consolidation of the political dominance of Rome I the Mediterranean area. This is also a period of important legal reforms, establishment of the principles of administration in the provinces and setting up of the structure of the centralized administration, management and jurisdiction in the empire.
August is an especially suitable topic for the start of a new initiative for popularization of the Roman legal culture and tradition and the related first Romanist journal in Bulgaria. The topic was chosen taking into consideration the ideas of the students who study Roman law at the Sofia University, and of many colleagues who, in the last couple of years, have shown their interest in the studies on Ancient Rome.
Contributors with articles in the journal are all lecturers from the Sofia University who teach
Roman law and Latin legal terminology, as well as students who have joined the Roman Law Circle. A considerable part of the articles on August have been written also by professors in Roman law in Italy, Spain, Russia, Macedonia, Brazil and the USA. The preparation of the first issue was enhanced also by the initiative of the chairman of the International Research Committee of the journal Academician Prof. Antonio Fernández de Buján y Fernández who was the first to send his article for publication, thus stimulating the support of a considerable part of the Romanist scholars who are members of the International Research Committee.
SUMMARY
THE LEGISLATIVE REFORMS IN AUGUSTUS
Academician Prof. Dr. Antonio Fernandez de Buchan
Abstract This paper aims to offer a brief commentary on some of the institutions of Roman law, such as the rights of the state over inheritance, tax reform, the creation of a public police force, or the crimes of misappropriation or diversion of public funds. Created ex novo or reformed by August legislation, they are of particular interest in addition to August's more well-known and studied provisions in the areas of marriage, provincial and municipal law, citizenship and liberty.
Keywords: Medicine. Inheritance. Lawyers. Finance. Crimes. Crimes of a general nature.
Read more in the magazine: p.12
SOME ASPECTS OF THE LIFE OF EMPEROR AUGUSTUS
Prof. Dr. Luis Fabiano Correa
Abstract The article traces the main moments in the life of Emperor Octavian Augustus, which are directly related to the legislative reforms undertaken by him and the changes in law during this era.
Keywords: History - Ancient Rome - Reign of Augustus
Read more in the magazine: p. 35
IUS PUBLICE RESPONDENDI EX AUCTORITATE PRINCIPIS
Prof. Dr. Malina Novkirishka-Stoyanova
Abstract The meaning and very existence of ius publice respondendi ex auctoritate principis is one of the many unsolvable mysteries in the history of Roman law. Augustus (according to Pomponius in D.2.2.2.48–50) created this right as a privilege (beneficium), but its further development is too far removed from the original intentions of this emperor. Scholars acknowledge its special significance for the history of law at the beginning of the Principle, but also acknowledge that there are many debatable problems and doubts about the true significance of ius respondendi in the age of Augustus, Hadrian, and Justinian. Even in modern novelistic literature, there are many and varied opinions on the subject. The general opinion is that Augustus granted this right as a privilege to well-known lawyers of aristocratic origin, but not the right to create binding rules with which judges should be bound when resolving legal disputes. The article presents ius publice respondendi ex auctoritate principis as a way to implement August's policy of attracting prominent lawyers to power to secure their support for its reforms.
Keywords: emperor Augustus, Pomponius, responsa prudentium, ius publice respondendi, auctoritas.
THE BORDERS OF THE ROMAN EMPIRE AND THE BORDERS OF MODERN EUROPE
Prof. Dr. Juan Antonio Bueno Delgado
Abstract Since the accession to the throne of Emperor Octavian Augustus in 27 BC. by the end of the Northern Dynasty (235 AD), Rome was experiencing the most glorious era in its history, as well as a long period of peace and prosperity known as Pax Romana or Pax Augusta.
Although the Latin term "limes" was already used in ancient Rome, during the Roman Empire (27 BC-476/1453) it acquired a new meaning, understood as a boundary in the sense of a visible limit that marks the spatial frameworks of a country's territory in its external outlines. The notion of a border took on a new dimension from August onwards, undergoing development in the field of strategy and policy through the geographical delineation of all the territories and peoples that depended on Rome, as well as in the socio-cultural sphere.
In the middle of the twentieth century, the idea of a united Europe emerged as a necessity in the search for world peace, especially after the two world wars, which arose on the European continent and led to its devastation. Today, the project for the European Union has been fully implemented and consolidated, thanks to the efforts of all its Member States, and the EU is in the process of enlargement. The territory that makes up Europe is also absolutely delineated within its borders - both geographically and strategically and politically, taking into account social, cultural, linguistic, religious and other aspects. The borders, both visible and invisible, and all the other dimensions that define today's Europe, largely coincide with what the Roman Empire was.
Keywords: Pax augusta, limes, border, Roman Empire, Europe
THE AUGUSTUS SENATORS 'COMMISSION - A SUCCESSFUL WAY TO COMPILE IT.
Prof. Dr. Francesco Amarelli
Abstract The article is a study of the composition of the August Senatorial Commission as a political method that was successful at the beginning of the Principle. This is due to the gradual establishment of imperial power over the Senate during the reign of Octavian Augustus. Reading the sources gives us the opportunity to outline the origins and vicissitudes in the development of the imperial councils. Based on the reconstructive hypotheses developed in the exposition, the Augustus Senatorial Commission, mentioned in Suetonius and Dion Cassius, is considered to be the first manifestation of the supposed imperial council as an advisory body.
Keywords: Octavian Augustus, Senatorial Commission, Imperial Councils
LEX AELIA SENTIA AND THE TEXTUAL SANCTION FOR INVALIDITY IN THE ROMAN LEGES PUBLICAE
Prof. Daniil Tuzov, Ph.D.Abstract The article expresses and substantiates the idea that the Roman prohibition laws in the field of private law, incl. and leges perfectae, are limited as a rule only to the prohibition of a certain action or establish a sanction (points) for violators. Lex Aelia Sentia is clearly the first law to provide in its text for nullity in acts contrary to its prohibitions. It is suggested that the assessment of acts contrary to the law as devoid of legal effect, and therefore the assessment of the law itself as lex perfecta, is only the result of the interpretation given by Roman jurisprudence.Keywords: lex Aelia Sentia, lex perfecta, nullity, manumissio, invalidity of the liberation of slavesFROM PENINSULA IBERIA TO ROMAN HISPANIA DURING AUGUSTUS
Abstract The article is a study of the composition of the August Senatorial Commission as a political method that was successful at the beginning of the Principle. This is due to the gradual establishment of imperial power over the Senate during the reign of Octavian Augustus. Reading the sources gives us the opportunity to outline the origins and vicissitudes in the development of the imperial councils. Based on the reconstructive hypotheses developed in the exposition, the Augustus Senatorial Commission, mentioned in Suetonius and Dion Cassius, is considered to be the first manifestation of the supposed imperial council as an advisory body.
Keywords: Octavian Augustus, Senatorial Commission, Imperial Councils
LEX AELIA SENTIA AND THE TEXTUAL SANCTION FOR INVALIDITY IN THE ROMAN LEGES PUBLICAE
Abstract The article expresses and substantiates the idea that the Roman prohibition laws in the field of private law, incl. and leges perfectae, are limited as a rule only to the prohibition of a certain action or establish a sanction (points) for violators. Lex Aelia Sentia is clearly the first law to provide in its text for nullity in acts contrary to its prohibitions. It is suggested that the assessment of acts contrary to the law as devoid of legal effect, and therefore the assessment of the law itself as lex perfecta, is only the result of the interpretation given by Roman jurisprudence.Keywords: lex Aelia Sentia, lex perfecta, nullity, manumissio, invalidity of the liberation of slavesFROM PENINSULA IBERIA TO ROMAN HISPANIA DURING AUGUSTUS
Abstract 2014 marked the 2000th anniversary of the death of Octavian Augustus. During his reign, one of the achievements of Pax Augusta in magnificent Rome was the completed Romanization of the lands of present-day Spain. To claim that Rome is conquering Spain would be wrong, because something that does not exist cannot be conquered. Indeed, for two long and cruel centuries, various local peoples resisted the Roman legions, but these were not Spaniards, but Turdetans, Illergets, Celtiberians, Wakeis, and others. tribes. It was only after the pacification of Augustus that all these peoples and cultures merged thanks to the process of Romanization. Rome and its provincial administration created a Spain, which as a concept and as a reality for the first time in history ceased to be a purely topographical concept due to the peninsular configuration of these lands and became a new political unit.
Keywords: Octavian, Augustus, Pax Augusta, Romanization, Hispania, new political unit
PENALTIES FOR NON-COMPLIANCE AGAINST THE ENTREPRENEUR OF PUBLIC WORKS IN THE LATE REPUBLIC AND THE EARLY PRINCIPLE
Abstract The article analyzes the various ways adopted in Roman practice in the Late Republic and the Early Principle to sanction the entrepreneur's failure to perform public activities or services. Apart from the possibility of the application of the actio locati by the representative of the Roman people, the use of the multae dictio as an easier solution provided for in public service contracts remains. The focus is on the venditio praedum-praediorum, based on the Lex Malacitana and Lex Irnitana (Chapters 64 and 65), which provide for the application of relocatio operis in the event of non-compliance by the public undertaking. In the event of non-compliance, which leads to the infringement of the rights of third parties - beneficiaries of public services, the procedure before recuperatores, to which the relevant public law functions are assigned, is applied. In summary, the critical opinion is expressed that e.g. through the assignment of receivables, individuals can sanction faulty contractors for public works and services.
Keywords: locationes publicae, multae dictio, processo per recuperatores, venditio praedum praediorum, causa iuniana
SOMETHING OLD, SOMETHING NEW ... THE AUGUSTUS LEGISLATION AND THE CHALLENGE TO ESTABLISH SOCIAL CONTROL
Abstract Augustus's desire to impose social control can be easily recognized in the actions outlining his policy. The administrative reforms undertaken (eg in the judiciary, urban planning, public works, housing improvements) have been significant and important, and judging by the fact that they have been continued and further developed by its successors, they have also been effective. He used the power and influence derived from the magistrate power with which he was endowed to reduce the influence of individual citizens and to limit the functions of the senatorial and cavalry classes in their attempts to directly interfere in the government. August hoped to achieve social control through his legislative reforms, which I define as "preserving the status of individuals." It is a category of laws known as social or ethical legislation. It is generally considered to consist of laws sanctioning the misconduct of citizens during elections, extravagance and ostentatious luxury, marriage, adultery, and laws governing the release of slaves.
Keywords: August, social control, social or ethical legislation, status-maintenance
AUGUSTUS - THE FIRST EMPEROR OF THE ROMAN EMPIRE: THE ESTABLISHMENT OF EMERITE AUGUST AND THE ESTABLISHMENT OF THE IMPERIAL CULT IN THE PROVINCE OF BETICA
Abstract The article gives a brief overview of the first years of Octavian's life until he became Gaius Julius Caesar Octavian and later added to his name the well-known titles "Emperor" and "Augustus", with which he remained forever in human history. . There are also two themes that show two of the typical political lines followed by this emperor: the creation of new urban centers, following the example of Emerita Augusta (now the city of Merida in Spain), and the introduction of the imperial cult, illustrated with examples. from the Roman province of Betica on the territory of present-day southern Spain.
Keywords: Emperor Octavian Augustus, provincial government, urban planning, Emerita Augusta, Betica, imperial cult.
THE ADOPTION OF AUGUSTUS BY CAESAR - A POLITICAL ADOPTION BY WILL?
Abstract On his return from Spain, on September 13, 45 BC, Caesar made his will, announcing Guy Octavian's adoption in familiam nomenque. Caesar died on March 15 (March Ides) in 44 BC. On this date, Octavian did not even know that he was declared heir and was adopted by his great patron and relative. When he was informed of Caesar's death, Octavian disobeyed prudent advice and decided to accept the will before Praetor Gaius Antony, from whom he wanted to vote on the curia law (lex curiata), which would allow him to join the family of Julius ( gens Julia) as the lawful son of the testator. The law was passed on September 22, 44 BC.
The history of the great Roman families of the Scipios, the Fabians, the Caesars, is the history of political adoptions. However, although the supremacy of the agnatic family in adoptions is still preserved, the institution of derogation (the adoption of adult non-subordinates) has evolved since the time of classical law and practically disappeared in Justinian's law. This type of adoption meets certain political, social and economic needs and is too far removed from building purely parental ties between the adoptee and the adopter.
Keywords: Octavian Augustus, Julius Caesar, adoption, will
THE STRENGTHENING OF AUGUSTUS'S POWER IN IMAGES. THE THEATER IN CARTHAGO NOVA
Abstract The founder of the Principle is one of the most controversial figures of all time. Octavian took power at a very young age and marked the beginning of a period of peace and prosperity in the turbulent history of Rome. But at the same time he managed to "bury" the Republic - already dead for a long time - and establish a much more autocratic system than Caesar could have imagined, excluding the fierce political struggle that cost his adoptive life. .
The use of images to disseminate symbols and to incite the viewer in favor or against specific postulates comes from much older times and is all the more effective the less educated the population. In the same way, Emperor Augustus took advantage of the monuments and other creations of his time to insert symbols that strengthened his power and influenced society in favor of his reforms.
August undertook a broad cultural program, developing for more than 20 years, with which he achieved the restoration of morality and a change of mentality at all levels. Together with the pietas, as a unifying element for the people, Augustus' political activity concentrated on shifting the desire for luxury imported from Greece from the private sphere to the public sphere. Augustus utters quite seriously the phrase that he found Rome in mud and built it of marble. Urban renewal is concentrated in Rome, but other cities have also benefited from August's renewal program, such as Colonia Iulia Carthago Nova. The construction of the theater in it as emblematic of the whole process of renewal of the city became part of the symbolism of the newly established order, conveying to its contemporaries the pure message of the strengthening of imperial power.
Keywords: Emperor Octavian Augustus, Carthago Nova, theater
AUGUSTUS'S POLICY IN THE ROMAN PROVINCE OF GALLAECIA
Abstract The image of Augustus is invariably associated with the history of the Roman province of Gallaecia, which was one of the last territories under Roman rule on the Iberian Peninsula. Certainly Gallaecia was not a real administrative unit in the time of the emperor according to the edict of Bierzo, but this name is used to define a territory that was essential in the history of Rome.
This era is characterized by a lack of information about military action in Hispania, probably motivated by the interests that guided Caesar's heirs. The silence of the sources does not allow us to restore the administrative structures created in this territory. But after a "dark" stage, the situation changed significantly from 27 BC, when Augustus became aware of its natural resources and personally led the military campaign from 26 BC. against the Cantabrians, the Asturians, and Galicia, which is proof of the special importance which the new ruler attaches to the final conquest of the Spanish lands.
Keywords: August, Spain, Galicia, provinces, politics, provincial institutions
SOCIETY, ART AND LAW DURING OCTAVIAN AUGUSTUS: THE WOMAN IN THE PRISM OF THE ROMAN COMICS
Abstract Roman comics is a specific art form whose illustrations and scripts can also be used as a teaching tool. The comic can serve to fill free time, but also to contribute to our education - in this particular case, for example, in history, archeology, law and equality. We will pay special attention to the study of female images - a whole cosmos of women in "purple clothes", wanderers, barbarians and, of course, slaves, who form a wide range of views on the rights and types of women in Roman antiquity.
Keywords: woman, didactics, comics, Roman law, transfer of results
WOMEN IN THE AGE OF AUGUSTUS. A MONOGRAPH ON THE OCCASION OF THE TWO THOUSAND YEARS ANNIVERSARY
Abstract Different women participated in the life of Augustus for different reasons, others played a significant role in the society and politics of their time and developed in different spheres of life. This was the main idea - to deepen the study of this aspect of the life of Octavian Augustus on the occasion of the celebration of the two thousandth year since his death. In this context, the research, innovation and dissemination group Iura RvB, recognizing the great importance of this outstanding historical figure, joined the worldwide events marking this anniversary and created a monograph coordinated by Roman law professors Rosalía Rodríguez López and M. José Bravo Bosch. Thanks to Dykinson Publishing, it will be available to all fans of Emperor Octavian Augustus for several months.
Keywords: Caius Iulius Caesar Augustus Gens Iulia; Octavian
CURA MINORUM IN THE AGE OF THE PRINCIPLE
Abstract During the first period in the history of Roman law, the role of guardian was very important and was defined as vic ac potestas. With the development of the state organization and through stronger control by the state, a ban was introduced for the guardian to dispose of the property of the subordinate, as he was only allowed to manage this property and take care of the subordinate. In this way, a big step has been taken towards the organization of guardianship as an institution serving exclusively for the legal protection of the minor, who for some reason is not under parental authority. From this point of view, the classical period was of great importance for the development of Roman law, because then the role of guardian was expanded with new obligations, which included not only the care of the property of the pupil, but also those related to securing by various means. the necessary funds to support it.
In the second century AD. a significant change occurs with the introduction of the principle of representation (ius representationis), when the function of the guardian assumes a specific legal dimension, which is manifested through the protective role of the guardian.
Keywords: cura minorum, Principate, ius representationis, classical Roman law
HORATIUS'S POETIC TESTIMONY ON HIS ATTITUDE TOWARDS THE EMPEROR AUGUSTUS
Abstract There are some verses in Horace's poetry about his relationship with Augustus. Horace has the audacity to refuse Augustus' offer to be appointed his personal secretary. Nevertheless, he remained under the patronage of the emperor. The article examines the verses of Horace, which contain evidence of his attitude to the legislation of Augustus on the decline of Roman morals.
Keywords: Emperor Augustus, Horace, poetry
SPECTACLES AND POLITICS. THE REFORMS OF AUGUSTUS OF 22 BC AND THE LIMITATIONS OF GLADIATOR GAMES
Abstract The article examines the broad problem of the use of performances as a political tool in the era of Augustus, and in this small volume it focuses on one specific episode - the reform of the organization of the games in 22 BC. The content and objectives of these reforms are analyzed, placing them entirely in a historical and political context, and an interpretation is proposed that combines the individual elements into a comprehensive system showing political and propaganda values.
Keywords: performances, politics, August reforms, gladiatorial games
THE EXPERIENCE OF MORAL REFORM OF ROMAN SOCIETY WITH THE AUGUSTUS MARRIAGE LEGISLATION
Abstract Augustus's marriage law was part of his res publica program to shake up more than a century of political and social unrest. For Augustus, as well as for writers such as Titus Livy, Horace, and Virgil, the solution to the problems in Rome can be traced back to the past, to the examples of values and customs of ancient times (exempla maiorum) - to family life, to the chastity of Lucretia, to the integrity of Cato the Elder, in a word, in the Roman world called Romanitas. The new political system of the Principle cannot be necessary without the promotion of the values of the Italians, opposed to the views and existence of the glorious East, included within the borders of the Roman Empire. Augustus's methods of enforcing this strict social policy actually led to a radical change and pervasive interference in the private lives of Roman citizens through the new laws considered by his contemporaries to be among the harshest - Lex Iulia de maritandis ordinibus, Lex Papia Poppaea and Lex Iulia de adulteriis coercendis. Their real effect is manifested years after the death of their prominent creator - the reforming emperor Octavian Augustus.
Keywords: император Октавиан Август, брачно законодателство, exempla maiorum, Romanitas, Lex Iulia dе maritandis ordinibus, Lex Papia Poppaea, Lex Iulia dе adulteriis coercendis
THE CONCEPT OF A CONTRACT ACCORDING TO LABEON
Abstract The article is devoted to some questions from Labeon's doctrine of the treaty. The introduction includes a brief introduction to the personality and life of the great Roman jurist. The author places it in the context of political and social events in Rome during the Augustan era. They contribute to the creation of Labeon's concept of the treaty, which is formulated more generally, but not as a definitive legal theory. The legal, historical and philological arguments on the presented problems are presented and the respective texts from the sources are commented. Some provisional conclusions have been drawn, and at the end of each section the author summarizes the adoption or challenge of the concepts of 'actum', 'gestum' and 'contractum'. The article deals with two other important issues - the cause (causa) and the unnamed contracts (contracta innominata) from the standpoint of actio praescriptis verbis. In short, the spirit of the age is represented by a quote from Cicero.
Keywords: Labeon, treaty, Emperor Augustus
LEX IULIA DE SENATU HABENDO
Abstract In 9 BC. a commission law called the Lex Iulia de Senatu habendo was passed at the suggestion of Octavian Augustus, reforming the Roman senate and the procedure for appointing senators. The text of the law has not been preserved and the information about its provisions is contained in various historical works (of Dion Cassius, Avel Helius, Pliny the Younger). The law is not reproduced in any legal source, nor is it mentioned in the writings of classical jurists. Legislative reform is in line with Augustus' policy of maintaining the influence and power of the Senate. The law amends the procedure for convening and sitting of the Senate (determining the place and periods of sessions) and the procedure for proposing and voting of Senate advisers, as well as the consequences of violating the rules on Senate meetings.
Keywords: Senatus, relatio, sententia, discessio, lex rogata.





