INTRODUCTION: WHO WAS A JURIST?

It is a matter of dispute whether the Roman jurists of the Republic can be aptly described as such. There was no formalised training for the legal profession nor is it clear how much time the Roman jurists devoted to their profession. Indeed, the jurists of Cicero's time were amateurs compared to modern jurists. The Roman jurists active during that time could be described most accurately as ‘gentlemen’, men from higher classes who engaged in giving legal advice and representing parties in court due to favours owed to their clients, acquaintances and family members. Legal services were not paid for but nor were they free of charge. Rewards were often made in the form of gifts, bequests or other services. Monetary reward, even the prospect of financial gain, was, although undoubtedly present, looked down upon by the Roman aristocracy. For them, giving legal advice, making accusations, litigating on behalf of others and arbitrating was part of the duties of a vir bonus. Moreover, it was considered necessary to legally assist friends and acquaintances to spread favours before and for elections.

SOCIETY AND THE LAW

In earlier works I used to define as jurists men (1) who identified as such, (2) who were called jurists, (3) to whom considerable legal knowledge was attributed and (4) who had left responsa. For the purpose of this chapter I would like to supplement a fifth category: men of whom legal knowledge can be presumed on the basis of their legal work.

I want to define as jurists in the shadows men from a lower social background, who devoted themselves to less illustrious legal work and were therefore, when consulted, seldom mentioned by name. Their activities can be attributed to the following categories: legal representatives, the staff and other advisors of the magistrates, businessmen, and conveyancers. It should be stressed, however, that these categories are neither exhaustive nor exclusive. For example several negotiatores served as procuratores, Atticus, a respected businessman, drafted at least two last wills4 and private secretaries had official duties when their patron became a magistrate.