The commencement of a more syste matic exposition of law under the empire is indicated by the fact of the existence of two distinct sects or schools (scholae) of jurists. These schools originated under Augustus, and the heads of each were re spectively two distinguished jurists, An tistius Labeo and Ateius Capito. But the schools took their names from other ju rists. The followers of Capito's school, called Sabiniani, derived their name from Massurius Sabinus, a pupil of Capito, who lived under Tiberius and as late as the time of Nero: sometimes they were called Cassiani, from C. Cassius Longinus, ano ther distinguished pupil of Capito. The other school was called Proculiani, from Proculus, a follower of Labeo. If we may take the authority of Pomponius, the characteristic difference of the two schools was this : Capito adhered to what was transmitted, that is, he looked out for positive rules sanctioned by time ; Labeo had more learning and a greater variety of knowledge, and accordingly he was ready to make innovations, for he had more confidence in himself; in other words, he was a philosophical more than an historical jurist. Gains, who was himself a Sabinian, often refers to discre pancy of opinion between the two schools ; but it is not easy to collect from the in stances which he mentions, what ought to be considered as their characteristic differences. Much has been written on the characteristics of these two schools; but nearly all that we know is contained in the few words of Pomponius, of which Puchta (Curses der Institutionen, i. 433) has given perhaps the most satisfactory exposition.
The jurisprudences were not only au thorised expounders of law, but they were most voluminous writers. Massurius Sa binus wrote three books Juris Civilis, which formed the model of subsequent writers. The commentators on the Edict were also very numerous, and among them are the names of Pomponius, Gaius, Ulpian, and Paulus, Gaius wrote an elementary work, which furnished the model of the Institutiones of Justinian. Commentaries were also written on vari ous Leges, and on the Senatus Consults of the Imperial period ; and finally, the writings of the t. arlier jurists themselves were commented on by their successors. The long series ,,f writers to whom the name of classical jurists has been given, ends, about the time of Alexander Severus, with Modestinus, who was a pupil of Ulpian. Some idea may be formed 01 the vast mass of their writings from the titles of their works as preserved in the Digest,' and from the Index Floren tinus;' but with the exception of the fragments which were selected by the compilers of that work, this great mass of juristical literature is nearly lost.
Among the sources of law in the Impe rial period are the Imperial Constitutiones, the nature of which has been explained.
[CONSTITUTIONS, ROMAN.] With the decline of Roman jurispru dence began the period of compilations or codes, as they were termed. The earliest were the Codex Gregorianus and Hermogenianus, which are only known from fragments. The Codex Grego rianus, so far as we know it, began with the constitutions of Sept. Severus, and ended with those of Diocletian and Maximian The Codex Hermogenianus, so far as it is known, contained constitutions also of Diocletian and Maximian, and perhaps some of a later date. Though these codes were mere private collections, they appa rently came to be considered as authority, and the codes of Theodosius and Justi nian were formed on their model.
The code of Theodosius was compiled under the authority of Theodosius II., emperor of the East. It was promulgated as law in the Eastern empire, A.D. 438; and in the same year it was confirmed as law in the Western empire by Valentinian III. and the Roman senate. This code consists of sixteen books, the greater part of which, as well as of the Novellte, sub sequently promulgated by Theodosius II. are extant in their original form. The commission who compiled it were in structed to collect all the Edicts and Leges Generales from the time of Con stantine, and to follow the Codex Grego rianus and Hermogenianus as their model. Though the arrangement of the subse quent code of Justinian differs consider ably from that of Theodosius, it is clear from a comparison of them that the corn pilers of Justinian's code were greatly aided by that of his Imperial predecessor. The valuable edition of the Theodosian Code, by J. Gothofredus (6 vols. fol., Lugd., 1665), re-edited by Ritter, Leipzig, 1736-1745, contains the first five books and the beginning of the sixth, only as they are epitomized in the Breviarium ; and this is also the case with the edition of the Qui; Civile Antejustinianeum,' published at Berlin in 1815. But recent discoveries have greatly contributed to improve the first five books. The most recent edition of the Jus Civile Ante justinianeum ' is that of Bonn, 1835 and 1837.
The legislation of Justinian is treated of under JUSTINIAN'S LEGISLATION.
There are numerous works on the his tory of the Roman law, but it will be sufficient to mention a few of the more recent, as they contain references to all the earlier works : Lehrbuch der Ges chichte des Rdmischen Rechts, by Hugo, of which there are numerous editions ; Geschichte des Riimischen Privatrechts, by Zimmern; Geschichte des Rdrnischen Rechts, by F. Walter, 1840; and for the later history of the Roman law, Geschichte des Rdmischen Rechts im Mittelalter, by Savigny.