Legal Definitions - Jus Aelianum

The Jus Aelianum was a highly significant legal manual compiled in ancient Rome during the 2nd century B.C. by the consul Sextus Aelius. It served as a foundational resource for understanding and applying Roman law during its time.

This comprehensive work was structured into three main parts:

• First, it contained the actual text of the Twelve Tables, which were the earliest and most fundamental set of laws in ancient Rome.
• Second, it provided a detailed commentary, offering explanations and interpretations of these laws, making them more accessible and understandable.
• Third, it included the established forms of procedure, outlining the correct steps and rituals to be followed when bringing a case before a court or magistrate.

Essentially, the Jus Aelianum combined the core legal principles with practical guidance on how to interpret and enforce them, making it an indispensable tool for legal professionals and citizens alike.

Examples:

• For a Roman Citizen Seeking Justice: Imagine a Roman farmer in the 2nd century B.C. whose livestock has been stolen. He believes this act violates specific provisions within the Twelve Tables regarding theft and property rights. To understand his legal standing and the proper way to pursue a claim against the thief, he would consult the Jus Aelianum. He could find the relevant law in the first section, read the commentary to grasp its nuances, and then follow the procedural forms to correctly initiate a legal complaint before a magistrate. This illustrates how the manual empowered citizens to understand and assert their rights according to established law.

• For a Roman Magistrate Presiding Over a Case: Consider a Roman magistrate tasked with resolving a dispute between two merchants over a contract. The magistrate needs to ensure that the judgment aligns with the foundational laws of Rome and that the legal process is followed correctly. The Jus Aelianum would be their authoritative reference. They would use it to verify the specific contractual laws from the Twelve Tables, consult the commentary for authoritative interpretations, and meticulously follow the prescribed forms of procedure to conduct the hearing, examine evidence, and deliver a lawful verdict. This demonstrates its role in standardizing legal practice and ensuring fair application of the law.

• For a Student of Roman Law: A young Roman aspiring to become a legal advocate or a public official would undertake rigorous study of the law. The Jus Aelianum would serve as a primary textbook. Instead of just memorizing the Twelve Tables, the student would use this manual to gain a deeper understanding through its commentaries and learn the practical application of those laws by studying the procedural forms. This comprehensive approach would prepare them not just with theoretical knowledge but also with the practical skills needed to navigate the Roman legal system. This highlights its educational value as a complete guide to legal theory and practice.