Roman Political Economy and Legal Change: The Effects of Empire on Property in Roman Law

Abstract

This dissertation presents a series of four cases studies in order to argue that the administration of empire rather than self-referential juristic thought or practice determined the broad outlines of res in Roman law. “Res” in this context signifies all substantive private law, and the term thereby encompasses and extends beyond property. The period of primary interest to this dissertation is the second century BCE to the first century CE. The particular case studies have been selected to demonstrate how empire impacted the development of various aspects of the Roman law of res; the case studies are illustrative rather than exhaustive, and other complementary examples could be added to those presented here. Each of the case studies addresses administrative change at Rome and in the wider empire, and thereby shows the close interrelation of the two. In addition to their focus on legal change at Rome, the case studies included discuss events in Sicily during the second century BCE, in Asia Minor during the first century BCE and first century CE, and in Italy during the first century CE. Throughout this dissertation, use is made of literary and epigraphic evidence, and the writings of the Roman jurists feature prominently. This dissertation engages debates in imperial history, legal history, economic history, comparative law, and political theory. Where appropriate, this dissertation also touches upon the afterlives of these ideas in theories of political representation and international relations.