Enchiridion of Pomponius

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The enchiridion of Pomponius (to ancient Greek ἐγχειρίδιον Encheiridion , German: " Hand book ", latin liber singularis enchiridii ) is a short discussion of the high classical lawyers Sextus Pomponius for Roman legal history from the 2nd century AD Reported is the Werklein by.. Digest , part the later so-called Corpus iuris civilis of the Justinian legislation. The work is considered to be the most important source for the proof of the legal historical development of the empire since Gnaeus Flavius ​​and finds optimal additions through the news of the gifted court speaker Cicero .

Pomponius was considered an excellent legal expert who was close to the Sabine law school. He was the first, and ultimately the only, author who made it his business to make an explicit contribution to Roman legal history, which he allowed to extend into his present day.

Content of the treatise

The enchiridion is divided into three sections. In the first section Pomponius deals chronologically with the "origins" of the royal era , the royal laws ( leges regae ) since Numa Pompilius and the first legislation of the Roman Republic , the XII tablets . In the further course he shows the emergence of laws and plebiscites as well as the functions of the senate , the praetors and the priestly law published by Gnaeus Flavius .

The second section is dedicated to the magistrates , especially those who dealt with the judiciary. Pomponius is quoted (in Digest 1, 2, 2, 13) with a motto reminding of today's disposition maxim “Where there is no plaintiff, there is no judge” - nullo actore nullus iudex : “For what use is there that there is law in the state, when there is no one there to help the law to rule? ”In previous paragraphs, Pomponius pointed out the renewed legal uncertainty that the expulsion of the kings through a tribucinic law had brought with it. The Roman people have simply regressed in time to uncertain law and uncontrolled customs, far removed from clear law as the basis of life. In this context, Pomponius also knew how to report on the efforts of the Romans to create the conditions for the creation of a law that would then become the Twelve Tables.

In the third section Pomponius deals with the pre- and early classical jurists up to his present.

literature

Remarks

  1. ↑ Digest 1,2,2.
  2. ↑ Dieter Nörr : Pomponius or> To the historical understanding of the Roman jurists < , in: ANRW , ed. by Hildegard Temporini-Countess Vitzthum and Wolfgang Haase , Berlin 1970, part II 15, pp. 497–604.
  3. ^ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 45.
  4. ^ A b c Marie Theres Fögen : Römische Rechtsgeschichten. About the origin and evolution of a social system. Vandenhoeck & Ruprecht, Göttingen 2002 (Italian: Bologna 2006), ISBN 3-525-36269-2 , pp. 34 and 168.
  5. ^ Digest 1, 2, 2, principium – 12.
  6. ↑ Digest 1, 2, 2, 13-34.
  7. ↑ Digest 1, 2, 2, 3–4.
  8. ↑ Uwe Wesel : History of the law. From the early forms to the present . 3rd revised and expanded edition. Beck, Munich 2006, ISBN 3-406-47543-4 . P. 161.
  9. ↑ Digest 1, 2, 3, 35-53.