The Rights of Foreign Peoples in the Institutes of Gaius

Abstract

The aim of the article is to present selected fragments of the Institutes of Gaius that contain references to legal institutions as applied by other nations than the Romans and to explain the reason for including them in the textbook on Roman law. Gaius, the jurist would mention foreign regulations in two ways. First, he made general references, in which he pointed out that similar legal solutions could be found with other nations (gens), foreigners (peregrinus), or generally people (homo). Secondly, he referred to the regulations exercised by specific societies – the Galatians (Galatorum gentem) and the Bithynians (lex Bithynorum). The interpretation of the fragments in question and their juxtaposition with other sources proves that Gaius’s comparisons were very superficial and his references to various nations were based on rumours. His references to other legal systems were merely an embellishment of his lectures. However, by resorting to digressions and allusions, he managed to preserve a little knowledge about the laws and customs of the peoples under Roman rule in the period of the principate.