The Emperor Augustus and Narratives of Legal Origin

Abstract

Any legislation, whether ancient or modern, is contextualised by constitutional tradition, of which narratives of legal origins are a key part. These stories are an important source of the law’s authority and, as such, warrant particular attention. This paper re-examines the significance of the Emperor Augustus’ decision as legislator to overlook one of Rome’s key legal-aetiological narratives, the Twelve Tables, when introducing his radical package of social legislation, the leges Iuliae. As an expert statesman and an expert in legal storytelling, Augustus was acutely aware of the potency of stories. Yet stories of Rome’s first ever law code are conspicuous in their absence from narratives surrounding the leges Iuliae. Using Augustus and this controversial package of legislation as a case study, this article will evaluate the importance of origin narratives as a framework for legislation, and the significance of the stories legislators turn to in order to legitimise their laws.