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Lex Podcast
Samuele Scomparin
12 episodes
1 month ago
Lex, a podcast about the ancient Roman Law, brought to you by Dr Samuele Scomparin, a lawyer by trade with a deep passion about history.
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History
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All content for Lex Podcast is the property of Samuele Scomparin and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
Lex, a podcast about the ancient Roman Law, brought to you by Dr Samuele Scomparin, a lawyer by trade with a deep passion about history.
Show more...
History
Episodes (12/12)
Lex Podcast
LEX Podcast. Episode 12: The first type of legal action “Legis Actiones”

The early Roman legal system manifested a distinctive and highly ritualized form of civil procedure known as legis actiones, or "actions of the law." These early processes, rooted in sacred tradition and formal verbal formulae, embody not only the procedural mechanics of early Roman litigation but also reflect broader themes of social order, legal evolution, and jurisdictional transformation.

You can support me on Patreon:⁠⁠ www.patreon.com/lexpodcast⁠


Fonts: 

  • A. Burdese, Istituzioni di Diritto Romano Privato

  • Gai. 4.11-12

  • Gai. 4. 31

  • Pomp D.1.2.2.29

  • W.W. Buckland, The main institutions of Roman Private Law


    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

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    1 month ago
    22 minutes 4 seconds

    Lex Podcast
    LEX Podcast. Episode 10: How did the Romans speak? Chatting in Latin

    You often hear me speaking Latin in this podcast, and I have to confess—it’s one of my secret pleasures. I’ve been studying the language of the Romans for many, many years, and I still am.

    In Italy, where I did almost all of my studies, it’s common to learn Latin and Ancient Greek in school from the age of 14 onwards. But, as you may have noticed, the way I pronounce my Latin quotations is not quite the same as what you might hear from historical podcasters—say, someone like Mary Beard.

    The style of Latin pronunciation I was taught in school—some 20 years ago, and likely still in use today in Italian schools—is what’s called Ecclesiastical pronunciation. It differs from the Classical or Reconstructed Latin pronunciation that Mary Beard and many other scholars use nowadays.


    You can support me on Patreon:⁠ www.patreon.com/lexpodcast⁠

    Fonts: 

    • V.Tantucci, Urbis et Orbis, 1999

    • Wheelock’s Latin, Wheelock F.M, 1956

    • Latine Disco, Orberg

    • IL, Dizionario di Latino, Castiglioni Mariotti

    • Cambridge Latin Course B.1-3

    Show more...
    2 months ago
    24 minutes 53 seconds

    Lex Podcast
    LEX Podcast. Episode 9: Magistrates, a Messy Roman Affair

    The Roman magistracy (magistratus) constituted one of the most distinctive and influential institutions of the Republic. Frequently referenced in ancient sources yet often misunderstood in modern summaries, magistrates occupied the core of Roman political, military, and religious life. Their origins can be traced to the early monarchy, while their republican development reflects the gradual transition from royal authority to a complex system of elected offices governed by principles of collegiality, annual tenure, and accountability. This article seeks to provide a concise overview of the magistracy from its origins in the regal period to its institutional consolidation in the middle Republic, focusing on powers, limitations, symbols of office, and the cursus honorum.


    You can support me on Patreon: www.patreon.com/lexpodcast

    Fonts: 

    • Cicero, De legibus; De re publica.

    • Livy, Ab urbe condita.

    • Polybius, Histories (Book VI).

    • Lintott, A., The Constitution of the Roman Republic. Oxford, 1999.

    • Flower, H.I., Roman Republics. Princeton, 2010.

    • Linderski, J., The Augural Law. 1986.

    • Mouritsen, H., Politics in the Roman Republic. Cambridge, 2017.Burdese, Diritto Privato Romano, Utet 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • Burdese A. Diritto Pubblico Romano, Utet 2016


      Music from #Uppbeat (free for Creators!):

      https://uppbeat.io/t/ian-aisling/halls-of-ancients

      License code: BTZAILZ3XGAM71XI

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    2 months ago
    25 minutes 9 seconds

    Lex Podcast
    LEX Podcast. Episode 8: Divorce, Real Housewife Roman Edition

    When most of us think of Rome today, our minds wander straight to the Vatican, to Saint Peter’s Basilica, to the figure of the Pope presiding over a religion that has shaped Europe’s morals for nearly two thousand years. A religion that, among other things, has very strong ideas about marriage… and about divorce. In the Christian world, divorce has often been frowned upon, restricted, or even outright forbidden.

    But today, I want you to set that picture aside. Let’s imagine a very different Rome


    You can support me on ⁠⁠⁠⁠⁠⁠⁠Patreon⁠⁠


    • Rom.22.9

    • D. 25.2.1

    • D. 35.1.15

    • Gai. 1.110-114

    • Dion. 2.25

    • Ulp. 5.2

    • Ulp. 5.6

    • Ulp. 16.1

    • Nov 117.10

    • Nov 140

    • Burdese, Diritto Privato Romano, Utet 2006

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)

    • Gardner, Jane F. Family and Familia in Roman Law and Life. Oxford University Press, 1998.

    • Treggiari, Susan. Roman Marriage: Iusti Coniuges from the Time of Cicero to the Time of Ulpian. Clarendon Press, 1991.

    • Rawson, Beryl, ed. The Family in Ancient Rome: New Perspectives. Cornell University Press, 1986.


    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

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    2 months ago
    22 minutes 29 seconds

    Lex Podcast
    LEX Podcast. Episode 7: The Legal Love Affair: Marriage in Ancient Roman Law

    The institution of marriage (nuptiae) in Roman law presents itself as a complex and multifaceted phenomenon. It was not only a fundamental component of Roman private law but also a vehicle through which social, economic, and political alliances were forged. Roman marriage is particularly challenging to study due to its evolving legal framework across historical periods and the ritualistic forms that characterised its early stages. This paper seeks to analyze the Roman conception of marriage from both a legal and socio-historical perspective, tracing its development from the archaic period to the classical era, and concluding with a reflection on its juridical effects.


    You can support me on ⁠⁠⁠⁠⁠⁠Patreon⁠⁠


    Fonts:

    • D. 23.2.1 (Mod.)

    • D. 25.2.1

    • D. 35.1.15

    • Gai. 1.110-114

    • Dion. 2.25

    • Ulp. 5.2

    • Ulp. 5.6

    • Ulp. 16.1

    • Burdese, Diritto Privato Romano, Utet 2006

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)

    • Gardner, Jane F. Family and Familia in Roman Law and Life. Oxford University Press, 1998.

    • Treggiari, Susan. Roman Marriage: Iusti Coniuges from the Time of Cicero to the Time of Ulpian. Clarendon Press, 1991.

    • Rawson, Beryl, ed. The Family in Ancient Rome: New Perspectives. Cornell University Press, 1986.

    • Thomas, Yan. "The Division of the Sexes in Roman Law." In A History of Women in the West: From Ancient Goddesses to Christian Saints, edited by Pauline Schmitt Pantel. Harvard University Press, 1992.


    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

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    2 months ago
    24 minutes 35 seconds

    Lex Podcast
    LEX Podcast. Episode 6: Manus et Familia

    Now, disclaimer, originally, I wanted this to be a standalone episode on the Manus, intended as a massive widely use institute of juridical Rome but. I imagined we could cover everything: from the technicalities of Manus to the structure of the familia, all the way down to marriage and the towering figure of the pater familias—the father of the Roman household—who held power not only over his wife and children, but also over slaves, freedmen, siblings, grandparents… even, one might say, the family dog.

    But here’s what happened: the more I researched, the deeper the rabbit hole went. I realized the concept of Manus is so broad, so entangled with Roman society and identity, that trying to cover it all in one episode would be like trying to recite the Twelve Tables in a single breath.

    So instead, I’m breaking it down. We're starting today with the very foundation of Roman domestic life—the familia.


    Fonts: 

    • D.50.16.195.1-2

    • D.38.10.4.1

    • Gai.1.10-11

    • Gar.2.159

    • Ulp.1.7, 1.8, 1.10, 1.11 and 1.12-13.

    • Burdese, Diritto Privato Romano, Utet 2006

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)

    • Gardner, Jane F. Family and Familia in Roman Law and Life. Oxford University Press, 1998.

    • Treggiari, Susan. Roman Marriage: Iusti Coniuges from the Time of Cicero to the Time of Ulpian. Clarendon Press, 1991.

    • Rawson, Beryl, ed. The Family in Ancient Rome: New Perspectives. Cornell University Press, 1986.

    • Thomas, Yan. "The Division of the Sexes in Roman Law." In A History of Women in the West: From Ancient Goddesses to Christian Saints, edited by Pauline Schmitt Pantel. Harvard University Press, 1992.

     You can support me on ⁠⁠⁠⁠⁠Patreon⁠


    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

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    3 months ago
    24 minutes 17 seconds

    Lex Podcast
    LEX Podcast. Episode 11: What happens when Romans fight. Trials and Lawsuits

    The history of Roman procedural law is thus a history of evolution: from the private vengeance of early society to the highly formalized rituals of the Republic, to the more flexible proceedings of the Principate and Empire. This essay traces the three principal phases of Roman civil procedure—legis actiones, formulae, and cognitio extra ordinem—highlighting their structure, function, and historical context.

    You can support me on Patreon:⁠⁠ www.patreon.com/lexpodcast⁠

    Fonts:

    • A. Burdese, Istituzioni di Diritto Romano Privato

    • Gai. 4.11-12

    • Pomp D.1.2.2.29

    • W.W. Buckland, The main institutions of Roman Private Law


      Music from #Uppbeat (free for Creators!):

      https://uppbeat.io/t/ian-aisling/halls-of-ancients

      License code: BTZAILZ3XGAM71XI

    Show more...
    3 months ago
    22 minutes 23 seconds

    Lex Podcast
    LEX Podcast. Episode 5: Slaves, the marble floors of Roman society

    Slavery in ancient Rome was not merely a social condition—it was a foundational legal institution. In this episode we see how Roman law defined, justified, and regulated slavery through the ius gentium, despite its conflict with ius naturale. From birth and war captivity to legal penalties and economic transactions, slavery permeated every layer of Roman society.


    You can support me on ⁠⁠⁠⁠Patreon⁠


    Fonts: 

    • Gai.1.9

    • CRF.1.1.3.2 (Ulp, D.1.1.4)

    • D.12.6.64

    • Ulp,D.50.17.32

    • D.49.15.5

    • D.28.1.12

    • Gai.1.160

    • Gai.2.13 and 1.48

    • Ulp.1.3.2

    • D.1.1.4

    • D.48.8.11.2

    • D.5.1.53

    • D.40.1.4

    • Gai.1.10-11

    • Ulp.1.7, 1.8, 1.10, 1.11 and 1.12-13.

    • Burdese, Diritto Privato Romano, Utet 2006

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)



      Music from #Uppbeat (free for Creators!):

      https://uppbeat.io/t/ian-aisling/halls-of-ancients

      License code: BTZAILZ3XGAM71XI

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    3 months ago
    36 minutes 17 seconds

    Lex Podcast
    LEX Podcast. Episode 4: Roman Born and Bread

    Today, we're diving into that last part: Roman citizenship what it meant, what privileges it carried, how one could obtain it, and what it meant if you didn’t have it.


    You can support me on ⁠⁠⁠Patreon⁠



    Fonts: 

    • Gai. 1.76.

    • Ulp. 5.8.

    • Gai. 1.29.

    • Gai. 1. 67.

    • Acts, 16 to 25. 

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)
    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023
    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)

    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

    Show more...
    3 months ago
    23 minutes 58 seconds

    Lex Podcast
    LEX Podcast. Episode 3: A look into the Roman Persona

    Today, in legal terminology, the term persona (or “person”) refers to an individual subject to the law—someone upon whom the full force of legal norms can be applied. Was it true for the Romans? Today we will see what it meant to be a person with full right to be recognised by the law.


    You can support me on ⁠⁠Patreon⁠


    Fonts: 

    • Gai. 1.9.

    • D.4.2.9.1.

    • Gai 1.159.

    • Cfr.I.1.16.4

    • D.25.4.1.1

    • D.50.16.129

    • C.6.29.3

    • Gai I. generaliter. 

    • Marrone, Istituzioni di Diritto Romano, Palumbo 2006

    • William L. Burdick, The Principles of Roman Law and Their Relation to Modern Law (The Lawbook Exchange, Ltd 2004)

    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023

    • J. R. Trahan, ‘The Distinction between Persons and Things: An Historical Perspective’ (2008)



  • Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI

    Show more...
    3 months ago
    21 minutes 12 seconds

    Lex Podcast
    LEX Podcast. Episode 2: Written in Stone and Iron

    Today, in legal terminology, the term persona (or “person”) refers to an individual subject to the law—someone upon whom the full force of legal norms can be applied. Was it true for the Romans? Today we will see what it meant to be a person with full right to be recognised by the law.

    You can support me on ⁠Patreon


    Ever wondered where the word 'Law' originates from? Or what the Romans actually meant when they referred to Law, or more specifically, Lex? In this episode, we'll explore how the written law was understood and applied by a Roman citizen, its intricate history and multicoloured nature.

    You can support me on ⁠⁠Patreon⁠


    Fonts:

    • Oxford Dictionary of English Etymology, CT Onions, 2006
    • The Main Institutions of the Roman Private Law, WW Buckland, Cambridge 2023
    • Fontes Uris Romani Antejustiniani S. Riccobono V. A-Ruiz
    • Pomp. D1.2.2.2.5 and 2.12
    • Liv. 3.34.6
    • Gai. I.2-5
    • D. 1.1.7
    • D. 1.4.1


    Music from #Uppbeat (free for Creators!):

    https://uppbeat.io/t/ian-aisling/halls-of-ancients

    License code: BTZAILZ3XGAM71XI


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    3 months ago
    20 minutes 49 seconds

    Lex Podcast
    LEX Podcast. Episode 1: The beginning of the Law

    Have you ever wondered how much written law, statues and codes weigh on the daily life of a person? And I am talking about the modern day here. 

    Well, you’ll be surprised by how small of an impact it has now. On this podcast we'll see what was the bases of the ancient Roman law system and its unwritten rules.


    You can support me on Patreon


    Fonts:

    • Marrone M., Istituzioni di Diritto Romano, Palumbo 2006
    • D.1.3.32.1 (Iul. 84 dig.)
    • D.1.3.33 (Ulp. I de off. procon.)
    • D.1.3.35 (Hermog. I iuris epit.)
    • Gai.3.82
    • Ulp.D.3.2.11.1
    • Modest.D.48.9.9
    • Iul.D.2.5.1, and Iul. 55 dig.
    • D. 1.3.32 (Iul.84 dig.)
    • I.1.2.3-9.



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    3 months ago
    24 minutes 5 seconds

    Lex Podcast
    Lex, a podcast about the ancient Roman Law, brought to you by Dr Samuele Scomparin, a lawyer by trade with a deep passion about history.