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In new book, CU Boulder classics Professor Zach Herz focuses on the law, the bureaucrat and the Roman Empire

When Zach Herz talks about Roman law, he says things like, “Maybe the biggest misconception is that the Roman Empire had the rule of law.”

The idea might surprise those unfamiliar with the legal timeline of the world’s most famous empire. But Herz and other legal scholars who study the period know there is truth behind this confounding theory.

Herz, an assistant professor of classics at the University of Colorado Boulder and trained attorney, explores the idea further in his newly published book, . In it, he questions the long-standing assumption that Roman law was a systematic, even apolitical legal achievement.

Zach Herz, a CU Boulder assistant professor of classics, recently published , in which he questions the long-standing assumption that Roman law was a systematic, even apolitical legal achievement.��

Instead, beneath a layer of dry humor and self-awareness, Herz argues that the bureaucracy of Roman law functioned as a fantasy constructed to impose a sense of order on a world that was anything but ordered.

What we get wrong about Rome’s judicial system

Modern historians often describe Rome as a pristine model of legality adorned in tunics and stonework, the purest version of legal order and one that has persisted as long as its ideals.

“What I think happened is Romans lived in this world that was autocratic and violent and very scary,” Herz says. “Different people thought about this in different ways. For some, the thing they needed to do was think very hard about law.”

Viewing their ideas in an unblemished light ignores the political reality that existed throughout much of the Roman Empire. Emperors held unchecked power, assassinations were common and violence permeated daily life.

So, how did a society plagued by these problems end up producing one of the most detailed legal traditions in world history?

“The Romans were trying to imagine how a fairer state might be run. This exercise generated these massive tomes about how problems should be solved. Everyone who read them knew it wasn’t how problems were actually solved. So this thing we now see as perfect law coming from a perfect world was actually people in a very imperfect world imagining a perfect law,” Herz explains.

In other words, Roman law helped people imagine a world where the state operated predictably and justly—even if their lived experience told them otherwise.

Bureaucracy as comfort, law as theater

The illusion of a fair legal system in Rome was an important political tool. It helped stabilize Rome by giving people a language for justice and a sense they could navigate the state by rules, not whims.

In a world without modern civil institutions, that illusion was valuable. But even in today’s world, it’s still valuable, Herz argues.

“Law still does a lot of work in making our lives better by allowing us to just not think about things so much. It allows us to put certain possibilities of violence or extreme tragedy out of our minds so we can focus on the things we enjoy,” he says.

Roman law, in Herz’s view, was more about storytelling, allowing people to imagine what ethical government might look like, especially when the emperor—who held unchecked power—was corrupt, disinterested or 12 years old.

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CU Boulder scholar Zach Herz argues that the bureaucracy of Roman law functioned as a fantasy constructed to impose a sense of order on a world that was anything but ordered.��

“It's clear that Romans wanted to believe there were checks and balances. And in some ways, there were. There was a remedy for having a bad emperor, right? It was a knife,” Herz says.

“A lot of our legal sources come from a particularly turbulent period in Roman history, early third century. It's called the Severan period. And I don't think that's a coincidence. We see law moved to the center of Roman political culture when the emperor is an obviously ‘good’ guy. I'm not saying everyone agrees with that, I'm not saying it's true, but that's sort of how everything is represented,” he adds.

Known as the Pax Romana (Roman Peace), this second-century CE period is remembered for a stretch of “Five Good Emperors.” With a trusted leader in power, the legal system was not often on the minds of the populace.

But when a bad emperor took the throne, that narrative changed quickly.

“If everyone agrees the emperor is good, we don’t have a problem. He is going to be ethical. There are going to be checks and balances. It's when the emperor is bad, now you need rules,” Herz says.

When the emperor cites precedent

One case study in Herz’s book tracks how legal rhetoric changed under child emperors, of which Rome had several. Drawing on techniques he learned during a stint in a corporate law firm, Herz noticed something curious.

“Cites to precedent are pretty rare in imperial decision-making because you're the emperor. But they showed up a lot more when the emperor was a child,” he says.

One boy emperor from the Severan period was four times more likely to cite prior decisions than adult emperors. Herz argues this was a strategic effort by Roman officials to borrow credibility from past rulings.

“It was a way to say, ‘Even though the emperor is a kid, the system still works,’” he explains.

That system, of course, was fragile. Even so, its stories of order held power.

“If the emperor is 12, you do not want a 12-year-old boy making decisions for you. You’d rather have lawyers doing that. You’d rather have statues doing that. You’d rather have coherent prospective guidance than whims, right? So, people decided to lean into the legal system,” Herz says.

Vestiges of the past

Although the Roman Empire is long gone, its influence endures in ways that we can see traces of throughout the modern world. In fact, most of continental Europe still bases its legal codes on Roman foundations. Even Louisiana maintains vestiges of Roman law.

“It was that or witches,” Herz quips. “They built their own laws on that imagined Roman Empire because that’s just what they had to work with.”

More importantly, Herz argues that we’ve inherited the Roman idea that states ought to operate through law. From Rome, we came to believe that legitimacy comes from procedure and precedent.

“Even in places that don’t explicitly follow Roman law, those notions are still deeply, deeply classical,” he says.

That belief can be comforting, but also misleading, Herz says. As in Rome, modern legal systems can sometimes obscure violence, exclusion or inequality under layers of ritualized language and illusory checks and balances.

Imagined order, real impact

So, what can we gain by not upholding Roman law as a perfect blueprint, but instead treating it as a cultural artifact? For Herz, the answer is a better way to understand the interplay between power and imagination in human society.

“A huge amount of what law does is create this mirage of order. And it's backed up by force in unpredictable and confusing ways, if you really want to get into it,” he says.

Despite that ambiguity, Herz doesn’t see law as sinister. Nor does he see Rome’s imagined structures for a utopian world as malevolent. He believes it is human.

Our instinct for structure and fairness drive us to create something bigger than ourselves to believe in.

“You don’t have to think something totally real to think it’s incredibly useful. For most of us, the lives we want to make for ourselves don't require us to get into deep thinking about violence or crime and law prevents us from having to get into it. That's a very important gift that law gives to us,” he says.

For Herz, what makes Roman law worth studying is not that it worked inherently, but that it worked because people wanted it to.

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