Papinian (Aemilius Papinianus)

PAPINIANO (Aemilius Papinianus). - Roman jurist, born probably in Syria, died in Rome in 212. He pursued a most brilliant career in the imperial administration: assessor to the prefect of the praetorium in the time of Marcus Aurelius; under the reign of Settimio Severo he held the office of magister libellorum, later rising to that of prefect of the praetorium. In 212 he was put to death by order of Caracalla, according to tradition because he had refused to justify the murder of the latter’s brother, Geta.

His principal works are 37 books of Quaestiones (containing practical cases and dogmatic expositions), and 18 books of Responsa; he also wrote two short works de adulteris, two books of Definitiones and, perhaps, a short treatise in Greek ('Ἀστυνομικὸς μονόβιβλος') on the functions of certain magistrates (ἀστύνομαι) responsible for roads and urban building. His writings are distinguished by the acuteness of their judgment and by the search for solutions always inspired by morality and equity. He enjoyed the highest renown in the post-classical schools; and evidence of this is also found in the particular position attributed to him among the five jurists of the so-called “law of citations” (v.).

BIBL.: E. Costa, P.: studio di storia interna del diritto romano, I, Bologna 1894; P. Krüger, Geschichte der Quellen und Literatur des römischen Rechts, 2nd ed., Lipsia 1912, p. 220 sgg.; P. Bonfante, Storia del diritto romano, I, 3rd ed., Roma 1934, p. 391 sgg.; P. de Francisci, Storia del diritto romano, II, 1, Milano 1938, p. 503 sgg. Rodolfo Danieli
Cite this article

“PAPINIANO (AEMILIUS PAPINIANUS).” Enciclopedia Cattolica, vol. IX (1952), p. 501. Azione Romana digital edition, https://azioneromana.com/article/papiniano-aemilius-papinianus.