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Praetor's Edict
The Praetor's Edict ''(Edictum praetoris)'' in ancient Roman law was an annual declaration of principles made by the new ''praetor urbanus'' – the elected magistrate charged with administering justice within the city of Rome.Such Edicts were also issued by the ''Praetor peregrinus'' and by the Aediles. During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum. Legality The incoming praetor by his edict laid out legal principles he intended to follow when making judicial decisions during his year in office. To some degree the new praetor had sufficient discretion to modify the existing edict of the former praetor. Many years the new praetor would simply adopt and so continue the contents of edict he "inherited" from his predecessor. Praetors often did not possess any special expertise in law, but rather were successful politicians. So, in deciding whether or not to augment or otherwise modify the edict, the new praetor would usually consult with Roma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iudex
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Otto Lenel
Otto Lenel (13 December 1849 – 7 February 1935) was a German Jewish jurist and legal historian. His most important achievements are in the field of Roman law. Life and career Otto Lenel was born in Mannheim, Germany on 13 December 1849. He was the son of Moritz Lenel and Caroline Scheuer. He fought in the war against France in 1870/71. Lenel studied law at the universities of Heidelberg, Leipzig and Berlin. In 1872, he received the degree of Dr. jur., four years later, he obtained the habilitation at the University of Leipzig. In 1882, Lenel became famous, when he won a prize which had been offered by the Bavarian Academy of Sciences with his reconstruction of the edict of the praetors (see below). In the same year of 1882, Lenel became a professor at the University of Kiel. Two years later, he moved on to the University of Marburg. In 1885 he became a professor taught at the University of Strassburg, which had become a German institution after the war of 1870/71 in which Le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aediles
''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 enforce public order and duties to ensure the city of Rome was well supplied and its civil infrastructure well maintained, akin to modern local government. There were two pairs of aediles: the first were the "plebeian aediles" (Latin ''aediles plebis'') and possession of this office was limited to plebeians; the other two were "curule aediles" (Latin ''aediles curules''), open to both plebeians and patricians, in alternating years. An ''aedilis curulis'' was classified as a '' magister curulis''. The office of the aedilis was generally held by young men intending to follow the ''cursus honorum'' to high political office, traditionally after their quaestorship but before their praetorship. It was not a compulsory part of the cursus, and hence ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Salvius Julianus
Lucius Octavius Cornelius Publius Salvius Iulianus Aemilianus (c. 110 – c. 170), generally referred to as Salvius Julianus, or Julian the Jurist, or simply Julianus, was a well known and respected jurist, public official, and politician who served in the Roman imperial state. Of north African origin, he was active during the long reigns of the emperors Hadrian (r. 117–138), Antoninus Pius (r. 138–161), and Marcus Aurelius (r. 161–180), as well as the shorter reign of Marcus Aurelius' first co-Emperor, Lucius Verus (r. 161–169). In the Roman government, Julianus gradually rose in rank through a traditional series of offices. He was successively quaestor to the Emperor Hadrian (with double the usual salary), plebeian tribune, praetor, '' praefectus aerarii Saturni'', and '' praefectus aerarii militaris'', before assuming the high annual office of Roman consul in 148. Julianus also served in the emperor's inner circle, the '' consilium principis'', which functioned some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Watson (legal Scholar)
W. Alan J. Watson (1933 – 7 November 2018) was a Scottish legal historian, regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion. He is credited for coining the term " legal transplants". Watson was educated at St John's Grammar school and at the Hamilton Academy, subsequently attending the Glasgow University, graduating in Arts in 1954 and in Law in 1957. He began his professional academic career at Oxford University, before taking the Douglas Chair in Civil Law at the School of Law of his alma mater, the University of Glasgow. He later served as Distinguished Research Professor and held the Ernest P. Rogers Chair at the University of Georgia School of Law. He was also Visiting Professor at the Edinburgh University School of Law, where he held the Chair in Civil Law from 1968 until 1981. Watson regularly served as a distinguished lecturer at leading universities in the United States and such countries ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the ''Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, includ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Papinian
Aemilius Papinianus (; grc, Αἰμίλιος Παπινιανός; 142 CE–212 CE), simply rendered as Papinian () in English, was a celebrated Roman jurist, ''magister libellorum'', attorney general (''advocatus fisci'') and, after the death of Gaius Fulvius Plautianus in 205 CE, praetorian prefect. Papinian was one of the most revered jurists in ancient Rome, as third year law students were given the title "''Papinianistae''" (meaning "they that are worthy to study Papinian"). In his time, he had been called "the Asylum of Right and Treasurer of the Laws". Along with Gaius, Paulus, Modestinus and Ulpian, he was made one of the five jurists whose recorded views were considered decisive by the Law of Citations of 426 CE; their views would later be considered the only suitable ones to be cited as primary sources for the '' Codex Theodosianus'' and the ''Corpus Juris Civilis'', provided that Papinian's views prevailed whenever those of the four other jurists were not congr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establishment of the Roman Empire, Rome's control rapidly expanded during this period—from the city's immediate surroundings to hegemony over the entire Mediterranean world. Roman society under the Republic was primarily a cultural mix of Latin and Etruscan societies, as well as of Sabine, Oscan, and Greek cultural elements, which is especially visible in the Roman Pantheon. Its political organization developed, at around the same time as direct democracy in Ancient Greece, with collective and annual magistracies, overseen by a senate. The top magistrates were the two consuls, who had an extensive range of executive, legislative, judicial, military, and religious po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 various duties. The functions of the magistracy, the ''praetura'' (praetorship), are described by the adjective: the ''praetoria potestas'' (praetorian power), the ''praetorium imperium'' (praetorian authority), and the ''praetorium ius'' (praetorian law), the legal precedents established by the ''praetores'' (praetors). ''Praetorium'', as a substantive, denoted the location from which the praetor exercised his authority, either the headquarters of his '' castra'', the courthouse (tribunal) of his judiciary, or the city hall of his provincial governorship. History of the title The status of the ''praetor'' in the early republic is unclear. The traditional account from Livy claims that the praetorship was created by the Sextian-Licinian Rogat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Baetica and he came from a branch of the gens Aelia that originated in the Picenean town of Hadria, the ''Aeli Hadriani''. His father was of senatorial rank and was a first cousin of Emperor Trajan. Hadrian married Trajan's grand-niece Vibia Sabina early in his career before Trajan became emperor and possibly at the behest of Trajan's wife Pompeia Plotina. Plotina and Trajan's close friend and adviser Lucius Licinius Sura were well disposed towards Hadrian. When Trajan died, his widow claimed that he had nominated Hadrian as emperor immediately before his death. Rome's military and Senate approved Hadrian's succession, but four leading senators were unlawfully put to death soon after. They had opposed Hadrian or seemed to threaten ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Furius Anthianus
Furius Anthianus (or possibly Furius Anthus) was a jurisconsult of ancient Rome of uncertain date, though probably not later than the period of the emperor Alexander Severus, Pierre Fran Besier, ''Dissertatio philologico-juridica inauguralis de Furio Anthiano Jcto, ejusque, quae in Pand. exstant, fragmentis'', Lug. Bat. 1803 that is, the 3rd century AD. Anthianus wrote a notable commentary on the Praetor's Edict, which is in the Florentine manuscript to the Digest (that is, the ''Littera Florentina The parchment codex called ''Littera Florentina'' is the closest survivor to an official version of the ''Digest'' of Roman law promulgated by Justinian I in 530–533. The codex, of 907 leaves, is written in the Byzantine-Ravenna uncials c ...''). It is titled the ''Edict of Five Books'' (μέρος ἐδίκτου βιβλία πέντε), but there are only three extracts made from it in the Digest, and all of these are taken from the first book. This has led many to hold that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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