Legal Definitions - gradus

Gradus is a historical legal term that refers to a specific position, degree, or rank, primarily used in two distinct contexts:

• In Roman law, it described a "step" or "degree" within a familial relationship, crucial for determining the order of succession and inheritance under a will or intestacy laws.

• Historically, particularly in English legal systems, it also referred to a specific professional "rank" or "grade" held by certain legal officials or practitioners.

Here are some examples illustrating the application of gradus:

• Example 1 (Roman Law - Familial Succession): Imagine a wealthy Roman citizen, named Gaius, who dies without a will. Roman inheritance laws would then determine who inherits his estate based on their familial gradus, or degree of kinship. His children would typically be considered in the first gradus of direct descent, having the primary claim to his assets. If Gaius had no living children but had grandchildren, those grandchildren would be in the second gradus of direct descent. If there were no direct descendants, the law might then look to collateral relatives, such as Gaius's brother, who would be in a different gradus of kinship, to establish the next rightful heir. This system ensured a clear, legally defined order for inheritance based on family proximity.

  This example illustrates how gradus defined the closeness of family ties and established a clear hierarchy for who would succeed to property or titles in ancient Roman law.

• Example 2 (Historical English Law - Professional Rank): Consider a barrister practicing in England during the medieval period. After many years of distinguished service and legal expertise, this barrister might be appointed as a "Serjeant-at-Law." This appointment represented a significant elevation in their professional standing, granting them exclusive rights to practice in the Court of Common Pleas and marking them as a senior member of the legal profession. Their new status as a Serjeant-at-Law was their specific gradus, a recognized and esteemed rank within the legal hierarchy of the time, signifying a higher degree of authority and privilege compared to an ordinary barrister.

  This example demonstrates gradus as a defined professional rank or status within a historical legal system, indicating a specific level of authority and responsibility.