Roman Law: Rescripts, Jurists, and Edicts in the Principate
Rescripts in Roman Law During the Principate
Similar to the Rescripts (epistulae), anchored in the time of Hadrian, have special importance for the development of the private law of the second and third century AD. The rescript is the opinion of the princeps at the request of a particular legal question. The answers were added to the same request submitted by the petitioners and subscribed by the emperor. They were displayed in public, and the person concerned could apply for a copia. The emperor issued his response after consultation with the grant of ius consilium respondendi. Responses from lawyers were not worth its own auctoritas if not ex auctoritate principis. The rescripts issued the standard procedure as the procedure extraordinario. The rescript had increased over the procedure cognitorio. Examples of the rescript were the Hermogenian and Gregorian codes.
Literature of the Jurists of the Principate
- Responsibility: collections of answers to questions they had been asked by individuals and judges.
- Quaestiones and Disputationes: jurisprudential answers on alleged fictitious and almost always complex cases for education and legal discussion.
- Digest responsa collections were combined and supplemented by other sources Quaestiones most complete works.
- Various systematic Comments: ad edictum highlights comments and ad sabinum, other lawyers comentarion works his predecessors.
- Monographs: various issues, dowry, custody, wills, laws, etc.
- Institutions: Manuals for basic legal education. Gaius’ Institutiones famously.
- Works where collected basic legal principles, some guidelines for good governance Labeón Capito and the Sabines and proculianos. Both schools held different views on certain legal aspects.
Key Jurists: Labeón, Sabinus, Gaius
Labeón, Sabinus, Juvencio Celso, Salvio Cassius Julianus, Gaius: The Institutiones are divided into four books: things, people, right actions, and procedural remedies.
Late-Classical Jurists and the Edict
Sixth Ulpius Pomponio contempératenos Marcelo Jurists under: Vulsio, Medianoseveros were Papiano, which should be regarded as the last big Roman jurisprudence UlpianoLos Paulo and three reached by praefectus Praetoria, the highest public office after the emperor.
Papinian, Paulus, and the Edict
Papinian, July Paulo: The edict was divided into 45 titles, individual clauses are edictales conventionally divided into five main parts:
- Fase in iure of the following: class action against those who modify anything contained in the decree, followed the Title III, the pactis IV, V of ius in vocando, the VI of the nominations on vadimoniis VII, the VIII cognitoribus the calumniatoribus IX, the X restitutionibus in integrum, the receptis XI, XII and XIII of satisdando concerning praeiudicia.
- Begin with the title XIV of iudiciis: could well be considered as the last of the first, in it were collected on individual clauses in queries jure.
- The third opened with the title XXV largísimo bonorum concerning possessions, which attracted testamentis titles and legatis.
- Comprende XXXVI titles re XLII jeopardy concerns and enforcement of judgments.
- Recoge the enormous degree of interictis XLIII to XLV formulas which contained certain provisions that should be in accordance with this model edictal.
After the final wording of the text edictal Julian should not be altered and therefore be ruled out to create new formulas. The procedure begins its decline form and procedure extra ordinem cognitorio eventually displace the form of the first half of the third century dc.