Marcian, The Jurist of Eruditio

Abstract

Aelius Marcianus, Roman jurist active during the Severan age, is the author of the sixteen books of the Institutiones. Although little is known about his biography, he is characterized by a singular literary-philosophical education, capable of initiating a fruitful reflection regarding classical culture in general. His critical attitude reveals an extraordinary knowledge that involves multiple authors, jurists and non- jurists, varied doctrines and traditions. This eruditio allows him to be placed within the context of that Latin natural law theory which believes that general principles exist prior to human regulations. In this regard, the affirmation of Greek philosophy in Rome entails a profound revolution in jurisprudential dialectics: for the first time, alongside the three main foundations of Roman legal production, ius civile, ius honorarium, ius gentium, the ius naturale begins to be perceived autonomously, as an ordering system and manifestation of an infinite intelligence. This article aims to provide an unprecedented interpretation of this Severan jurist: the originality of the perspective adopted is expressed in overcoming the exegesis of Aelius Marcianus’s work limited to the understanding of the legislation and witnessed regulae, initiating a complex dialogue between multifaceted forms of knowledge.