Sources of Roman Law Flashcards
4 types of constitutions and when enacted
Early 200AD
- Responsa
- Edicta
- Mandata
- Decreta
Responsa
Statements of law in regards to questions
Edicta
Formal legislation, only one with leg. power though others have authority
Mandata
Administrative leg.
Decreta
Decisions with emperor sitting as judge
Interdict
Order to do this or not
Ability to dispose of issue without trial
The edict
Issued beginning year of office
Main body usually carried over, so in substance a leg. doc.
When was the edict for citizenship to all free people enacted?
212AD
Ius Respondedi
Responsa w/ legal authority
NICH. argues was Octavian’s means of distinguishing prominent jurists as iudex would follow them
Sabinian and Proculian schools
No ultimate distinction
Died out around 2nd AD
What did Lex Aebutia do?
150BC: Created the formulatory system
- Praetor would respond to litigants with written formula instructing iudex which verdict to reach
- New remedies treated as expression of old law
What happened to the Praetor’s power in the early Republic?
Legis actiones system
Appear before magistrate with limited no. actions available
No creative role for praetor
Edictum Perpetuum
Hadrian commissioned Julain to make final praetorian edict that could not be altered in AD 135
Terminated praetor as source of law
Ius honorarium continued through juristic interpretation
Law of citations
AD 426; singled out writings of Papinian, Paul, Ulpian, Modestinus, and Gaius
Senatusconsulta
Senate’s resolutions; rarely ignored
Mere advice to magistrates though usually empowered via edict
AD 160 had force of lex
Later lost influence in Dominate
XII Tables
450 BC Publishment not of a new system but of an existing one, sort to quell Plebeian discontent
Plebiscite
- Enactment of concillium plebis, binding only on Plebeians
- 287BC Lex Hortensia extended to all
Lex
- Enactment of comitia, gave assent to magistrate
- Introduction of Praetorial edict limited its role
Ius Gentium
Worldwide Legal rules
Ius civile
Statutes and customs; oral traditions
Structure of formula
- Nominatio: iudex appointment
- Condemnatio: Clause directing judge’s decision
- Demonstratio: Clause stating facts (only actions in personam)
- Exceptio: D raising a specific defence
- Praescriptio: Clause for limiting scope on action i.e. limiting litigation to first payment
