30 juillet 2021
https://www.openedition.org/12554 , info:eu-repo/semantics/openAccess
Julien Dubouloz, « Accommodating former legal systems and Roman law », Publications de l’École française de Rome, ID : 10.4000/books.efr.9397
This paper considers the legal relations between local communities and Roman authorities within the empire from a Roman point of view. It is mostly based on Cicero’s Verrine Orations, the accusation pronounced in 70 BCE before a repetundae court against Verres, a former governor of Sicily. This piece of judicial rhetoric gives us access to the kind of arguments which were suitable for a Roman audience and Roman readers as far as provincial autonomy was concerned. A study of a specific civil law procedure, the uadimonium procedure, shows how difficult it is to assess the degree of interaction between local and Roman law from a judicial source like the Verrines. Furthermore, local law appears to be, to a large extent, both a rhetorical and an ethical construct, to be interpreted in the context of the critical viewpoint on imperialism which was cautiously developed by Cicero as the accuser in the repetundae speech.