ODNOS PRAVA I RELIGIJE U STAROM RIMU
THE RELATION BETWEEN LAW AND RELIGION IN ANCIENT ROME

Summary/Abstract: This paper traces the relation between religion and law through the four periods of Roman history. The analysis of the source of law, the people who engaged in the legal profession, sanctions prescribed for violating the norms, as well as the entire social organization in each of the periods, has led to the conclusion that Roman law was undoubtedly under the influence of religion to a lesser or greater extent in all of those periods. The influence of religion on law was greatest in the first period, better known as “The Age of the Kings”, and the early republic. This was the period when law was still rather primitive, thus religious norms – fas, were the ones that regulated the majority of social relations, while the priests knew the law and kept the forms for performing legal actions, as well as the calendar. In time, both the material and process norms and the calendar became available to everyone, which reduced the importance and role of the priests in legal activities. The distancing of Roman state and law from religion can also be observed in the separation of secular and spiritual functions. In the second period, the age of the late republic, the interest in religion dropped to an even lower level, with its influence still persevering in certain, for the functioning of the state and law less important areas. With the rise of Rome and its golden period came the renewed interest in religion. Namely, this was the period when the emperors wanted to use religion as their own weapon, by creating the Imperial cult. This idea did not grow on the poorer layers and slaves, who looked for salvation in the new monotheistic religion – Christianity. Later on, even the higher layers accepted this religion, emperor Constantine recognized it as one of those permitted, while Theodosius declared it the only one permitted. Thanks to Christianity, religion re-entered the social life of the Romans in a great manner, exerting vast influence on all areas, including law.

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