Marcus Antistius Labeo (d. 10 or 11 AD) was a Roman jurist. Marcus Antistius Labeo was the son of

Pacuvius Labeo Pacuvius Labeo (died 42 BC) was a Roman jurist and senator, and one of the murderers of Julius Caesar. He was father of the more eminent jurist Marcus Antistius Labeo, who lived under the emperor Augustus. Pacuvius was one of the disciples of S ...

, a jurist who caused himself to be slain after the defeat of his party at

Philippi Philippi (; grc-gre, Φίλιπποι, ''Philippoi'') was a major Greek city northwest of the nearby island, Thasos. Its original name was Crenides ( grc-gre, Κρηνῖδες, ''Krenides'' "Fountains") after its establishment by Thasian colon ...

. Since his name was different from his father's, he was presumably adopted by an otherwise unknown Antistius. A member of

plebeian In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins of ...

nobility in easy circumstances young Labeo entered public life early. Marcus Antistius rose quickly to the

praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vario ...

ship; but undisguised antipathy for the new regime and brusque manner he occasionally gave expression to Republican sympathies in the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

– what

Tacitus Publius Cornelius Tacitus, known simply as Tacitus ( , ; – ), was a Roman historian and politician. Tacitus is widely regarded as one of the greatest Roman historiography, Roman historians by modern scholars. The surviving portions of his t ...

calls his ''incorrupta libertas'' – proved an obstacle to his advancement. His rival, Ateius Capito, a loyal client of new ruling powers, was promoted by

Caesar Augustus Caesar Augustus (born Gaius Octavius; 23 September 63 BC – 19 August AD 14), also known as Octavian, was the first Roman emperor; he reigned from 27 BC until his death in AD 14. He is known for being the founder of the Roman Pri ...

to the

consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throug ...

ate even though Labeo was in line for the job. Smarting under the wrong done him, Labeo declined the office when it was offered to him in a subsequent year. From this time he seems to have devoted his whole time to

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

. His training in the science had been derived principally from

Trebatius Testa Gaius Trebatius Testa (C.84 BC-AD 4, fl. 1st century BC,) was a jurist of ancient Rome, whose family, and himself, originated from Elea. Friendship with Cicero and the Caesars Some twenty years younger than Cicero, Trebatius was both a familiar ...

. To his knowledge of the law he added a wide general culture, devoting his attention specially to

dialectics Dialectic ( grc-gre, διαλεκτική, ''dialektikḗ''; related to dialogue; german: Dialektik), also known as the dialectical method, is a discourse between two or more people holding different points of view about a subject but wishing to ...

philology Philology () is the study of language in oral and writing, written historical sources; it is the intersection of textual criticism, literary criticism, history, and linguistics (with especially strong ties to etymology). Philology is also defin ...

(grammatica), and antiquities, as valuable aids in the exposition, expansion, and application of legal doctrine. Down to the time of

Hadrian Hadrian (; la, Caesar Trâiānus Hadriānus ; 24 January 76 – 10 July 138) was Roman emperor from 117 to 138. He was born in Italica (close to modern Santiponce in Spain), a Roman ''municipium'' founded by Italic settlers in Hispania B ...

his was probably the name of greatest authority; and several of his works were abridged and annotated by later hands. While Capito is hardly ever referred to, the ''dicta'' of Labeo are of constant recurrence in the writings of the classical jurists, such as

Gaius Gaius, sometimes spelled ''Gajus'', Kaius, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen). People *Gaius (jurist) (), Roman jurist *Gaius Acilius *Gaius Antonius *Gaius Antonius Hybrida *Gaius Asinius Gallus *Gaius Asinius Pol ...

Ulpian Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to ...

and

Julius Paulus Julius Paulus ( el, Ἰούλιος Παῦλος; fl. 2nd century and 3rd century AD), often simply referred to as Paul in English, was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Rom ...

; and no inconsiderable number of them were thought worthy of preservation in

Justinian Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovat ...

's ''Digest''. Labeo gets the credit of being the founder of the Proculian school, while Capito is spoken of as the founder of the rival Sabinian one;Pomponius in fr. 47, Dig. i. 2 but it is probable that the real founders of the two scholae were

Proculus Proculus (died c. 281) was a Roman usurper, one of the "minor pretenders" according to ''Historia Augusta'', who would have taken the purple against Emperor Probus in 280. This is now disputed. Probably Proculus had family connection with the Fr ...

and

Masurius Sabinus Masurius Sabinus, also Massurius, was a Roman jurist who lived in the time of Tiberius (reigned 14–37 AD). Unlike most jurists of the time, he was not of senatorial rank and was admitted to the equestrian order only rather late in life, by virtu ...

, followers respectively of the methods of Labeo and Capito. Labeo's most important literary work was the ''Libri posteriores'', so called because published only after his death. It contained a systematic exposition of the common law. His ''Libri ad Edictum'' embraced a commentary, not only on the edicts of the urban and peregrine praetors, but also on that of the

curule aedile ''Aedile'' ( ; la, aedīlis , from , "temple edifice") was an elected office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings () and regulation of public festivals. They also had powers to enf ...

s. His ''Probabilium'' lib. VIII., a collection of definitions and axiomatic legal propositions, seems to have been one of his most characteristic productions.

References

Johann Maier Eck Johann Maier von Eck (13 November 1486 – 13 February 1543), often anglicized as John Eck, was a German Catholic theologian, scholastic, prelate, and a pioneer of the counter-reformation who was among Martin Luther's most important inte ...

, ''De vita, moribus, et studiis M. Ant. Labeonis'' (Franeker, 1692), in Oelrichss Thes. nov., vol. i. * Johannes Jacobus Mascovius, ''De sectis Sabinianorum et Proculianorum'' (1728) * Lothar Anton Alfred Pernice, ''Marcus Antistius Labeo. Das römische Privatrecht im 1. Jahrhundert der Kaiserzeit'' (Halle, 1873–1892) * {{DEFAULTSORT:Antistius Labeo, Marcus 10s deaths 1st-century Romans 1st-century writers Ancient Roman jurists Ancient Roman writers Labeo, Marcus Golden Age Latin writers Imperial Roman praetors Year of birth unknown