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143:. Because of its great importance, the Praetor's Edict, or portions of it, often became the subject of detailed examination and study, in the course of which the specific content of the Edict would be described or quotations would be made directly from it. Of course, much of the literature of the ancient world has been lost, the works of Roman jurists included. Those juristic works that do survive usually come from the latter, or classical, period of Roman Law. Accordingly, most of the Edict we have now is based on the content of the Edict revised in AD 129 by emperor
130:"As you now possess certain land about which there is the present action, which land the one party has procured from the other party neither by violence nor secretly nor by precarium, in such manner you shall possess it. Against these conditions, I forbid violence to be employed." Paragraph 247a, in the fifth part, from title XlIII "Interdicts", from subdivision vi "Interdict on as you possess".
125:"Whoever hides for the purpose of defrauding his creditors, if he is not defended according to the judgment of an honorable man, I shall order his property pursuant to the edict to be possessed, to be advertised for sale, and to be sold." Paragraph 205, in the fourth part, from title XXXVIII "Those Causes for Which a Person Enters into Possession".
115:"Whence anything is thrown out or is poured out onto that place where commonly is made a road or where persons assemble I shall grant an action, for twice as much damage as thereby is caused or done against the person who dwells there." From paragraph 61, in the second part, from title XV "Those Goods That Are in Anyone's Property".
120:"The institorian action. Whatever is transacted with an agent in respect to that thing for which he is appointed, against the person who appoints him I shall grant an action." Paragraph 102, in the second part, from title XVIII "Whatever Business Is Transacted with a Shipmaster or an Agent Who Is in Another Person's Power".
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The reconstructed Edict we have today is divided into five parts: I preliminary procedures, II ordinary remedies, III summary remedies, IV execution of judgement, V formulas, interdicts, exceptions, stipulations. Also the Edict has 45 titles, with some subdivisions, and 292 paragraphs. Many paragraph
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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
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The
Praetor's Edict had legal force only during the incumbency of the particular praetor who issued it. Yet, as the pre-existing contents of the ongoing edict were generally adopted by next praetor, the edict attained substantial continuity, subject to marginal changes. On the other hand, the yearly
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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 Roman jurists who were familiar with the applicable areas of the law, and who knew
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An important aspect of the
Praetor's Edict concerned formulary procedure. During the late Republic, the trial at civil law increasingly employed formulary procedure. In this process, the praetor first determines the legal issue in a pending case. Then the praetor decides on a prescriptive formula
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The
Praetor's Edict contained many different principles of law, often drawing on prior legal rulings. Besides the trial formulas, it also regulated procedural matters, such as the initiation of a legal suit. In time, such sample formulae became listed by the praetor in his Edict issued at the
110:"Persons under twenty-five years old. Whatever is said to have been transacted with a person less than twenty-five years old, I shall consider each case on the basis of its particulars." Paragraph 41, in the first part, from title X "Restorations to Original Status".
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changes usually resulted in welcome legal innovations. With the accretion of annual modifications, the document grew in stature, as well as in size, scope, and reach; it became a primary source of legal growth and evolution. In 67 BCE, a
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entries contain only the subject matter addressed, without any of its substance (which is unknown to us). While much is considered authentic, uncertainties and unresolved disputes remain for further study. Much is missing.
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Thus, the
Praetor's Edict developed into an important vehicle for the evolution of Roman civil law. A great deal of commentary was written by jurists concerning this "praetorian law" or
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regarding his edict was no longer considered appropriate. Accordingly circa CE 129, action was taken that severely restricted its further modification. Under the emperor
34:– the elected magistrate charged with administering justice within the city of Rome. During the early Empire the Praetor's Edict was revised to become the
186:(c. 148–211), the law that was developed by the praetors in their Edict became an instrument which could supplement, explain, and improve the
246:. This newly edited and consolidated version of the edict then became fixed, subject only to changes approved by the emperor: hence, the
147:(see below). How much and in what fashion and degree this Edict of Hadrian's reign differs from the earlier Praetor's Edict of the
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The Edict we have now has been reconstructed from various sources, mainly from juristic commentaries on it, such as that of
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which instructs what remedy will be appropriate depending on what facts are found. Then the praetor assigns the case to a
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198:) is that which in the public interest the praetors have introduced in aid or supplementation or correction of the
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at Rome, seen from the ruins of the emperor's palace on
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Several miscellaneous examples taken from the reconstructed Edict:
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are questions that may only be addressed by informed speculation.
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Das
Edictum perpetuum. Ein Versuch zu seiner Wiederherstellung
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passed, which required the praetor to abide by his own edict.
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the emerging currents of legal change. Language from the
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for trial. After the facts are determined at trial, the
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was an annual declaration of principles made by the new
412:(Philadelphia: University of Pennsylvania 1985, 1998).
486:; reprint: Aalen 1956, 1974, Frankfurt am Main 2008).
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was a type of business agent for buying and selling.
448:(Oxford: The Clarendon Press 1901; reprint 2000).
470:Historical Introduction to the Study of Roman Law
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242:as well as to similar edicts, e.g., that of the
365:Johnson, Coleman-Norton, Bourne at 198 note 76
226:Eventually, the above discretion allowed the
421:Johnson, Coleman-Norton, Bourne at 182–204.
472:(Cambridge University 1932; 3rd ed. 1972).
170:gives judgement according to the formula.
182:As later summarized by the Roman jurist
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438:(New York: Philosophical Society 1953).
383:Johnson, Coleman-Norton, Bourne at 193.
374:Johnson, Coleman-Norton, Bourne at 191.
347:Johnson, Coleman-Norton, Bourne at 186.
338:Johnson, Coleman-Norton, Bourne at 185.
329:Johnson, Coleman-Norton, Bourne at 183.
206:), being so named for the high office (
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504:Law Making in the Later Roman Republic
356:Johnson, Coleman-Norton, Bourne at 187
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446:The Legal Procedure of Cicero's Time
436:Encyclopedic Dictionary of Roman Law
266:Such Edicts were also issued by the
234:(r. 117–138), the celebrated jurist
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202:. This is also called honorary law (
81:often found its way into the Edict.
50:The remains of the residence of the
462:(Austin: University of Texas 1961).
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67:"inherited" from his predecessor.
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458:Johnson, Coleman-Norton, Bourne,
174:beginning of his term of office.
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392:Aemilius Papinian from his
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77:of these Roman scholars of
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506:(Oxford University 1974).
496:(Oxford University 1953).
404:, 1.1.7.1, translated in
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460:Ancient Roman Statutes
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268:Praetor peregrinus
210:) of the praetor."
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394:Definitions
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23:in ancient
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408:, editor,
295:References
200:jus civile
188:Ius civile
521:Roman law
300:Citations
178:Influence
25:Roman law
285:institor
184:Papinian
93:Contents
74:responsa
42:Legality
272:Aediles
244:aediles
232:Hadrian
145:Hadrian
62:by his
60:praetor
32:urbanus
30:praetor
526:Edicts
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402:Digest
254:Notes
208:honos
168:iudex
163:iudex
64:edict
450:ISBN
16:The
283:An
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