Edictum perpetuum

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In Roman law, an edict is the legal protection program of a certain official, especially the praetor . The term edictum perpetuum ( permanent announcement ) is used in two different meanings: In today's research, it mostly refers to the consolidated, final version of the praetoric edict that the high-class jurist Julian gave to the edict around 130 AD. In an older understanding of the term, edictum perpetuum only refers to the fact that the edict stipulated legal protection for the (one-year) duration of the magistrate's term of office ( permanent edict ).

Edictum perpetuum as a permanent edict

Every magistrate of the Roman Republic had the ius edicendi , i.e. H. the power to issue decrees (edicts) within the scope of his competencies. The extensive edict of the city praetor ( praetor urbanus ), who exercised jurisdiction over Roman citizens, was of particular importance for the judiciary . The foreign praetor ( praetor peregrinus ) was responsible for the concerns of non-citizens, the curular aediles ( aediles ) were responsible for the market jurisdiction . In the two-part form process of the Roman Republic, they were responsible for granting actions ( actiones ), defenses ( exceptiones ) and preliminary court orders. At the beginning of the respective year of office, the praetor announced in his edict which form of legal protection he would use as a basis for his administration. Since the 3rd century, the praetors (or the lawyers who work for them) have played a central role in the development of law. The text of the edicts was essentially adopted and updated year after year and in this way formed its own elastic legal layer, the official law of the magistrates ( ius honorarium ).

Edictum perpetuum as the final edict version

As part of his judicial reform, the Emperor Hadrian had the law set by the praetoric edicts revised and finalized around 130 AD. For this he commissioned the lawyer Salvus Iulianus . The editing and writing down of the edict, which presumably merged the edicts of the praetor urbanus and the praetor peregrinus , marked the end of the praetoric legal training and brought the long-begun transition of legal creation to the emperor to a close.

See also

Individual evidence

  1. ↑ In this sense also Justinian's Digest , Constitutio Tanta, § 18.
  2. ↑ In this sense, for example, Christoph G. Paulus : Edictum [2] perpetuum. In: Der Neue Pauly: Enzyklopädie der Antike , Vol. 3, Metzler, Stuttgart a. a. 1999 (also online, DOI: 10.1163 / 1574-9347_dnp_e326230 ). For both meanings see, for example, Franz Wieacker : Roman legal history. Vol. 1, CH Beck, Munich 1988, § 25 I 2, p. 465; Wolfgang Waldstein , J. Michael Rainer: Roman legal history. 11th edition, CH Beck, Munich 2014, § 22 Rn. 36 and 44.
  3. ↑ On the beginnings cf. Theodor Mommsen : Roman history . Vol. 1, dtv-Verlag, Munich 1976, p. 273.
  4. ^ Instead of all: Wolfgang Waldstein , J. Michael Rainer: Römische Rechtsgeschichte. 11th edition, CH Beck, Munich 2014, § 22 Rn. 24-46. Marie Theres Fögen : Römische Rechtsgeschichten: About the origin and evolution of a social system on the importance of lawyers as the real creator of law . Vandenhoeck & Ruprecht, Göttingen 2002, pp. 190–198.
  5. ↑ See for example Franz Wieacker : Römische Rechtsgeschichte. Vol. 1, CH Beck, Munich 1988, § 25 III, p. 468 f. with further evidence.