Ius edicendi
The ius edicendi was the power of Roman consuls , praetors , aediles and provincial governors to issue generally binding orders during their one-year term of office. In the general sense of the word, they made pronouncements. In addition to short-term announcements and requests, they also contained fundamental decrees that remained valid for the entire term of office. Such permanent edicts ( edicta perpetua ) primarily regulated judicial procedures that were to be applied during the term of office, with the character of a law.
At the end of the term of office, the edicts effectively lost their validity. The successors regularly adopted the rules of their predecessors in order to modify and supplement them if necessary, and issued new provisions. This practice resulted in an extensive collection of legal provisions ( edictum tralaticium ), which were continuously renewed and adapted to the existing circumstances.
Like the officially extraordinary dictator , the tribunes of the people could also exercise the ius edicendi outside of the cursus honorum . It was granted to the latter due to their tribunician power , thus even including legal influence ("tribunician edicts)". The subjects of the negotiations were bans on official activities (with Plutarch ), currency deterioration (with Cicero and [Pliny the Elder | Pliny])
At the time of the principate , the emperor also used the ius edicendi . The difference to the magistrate edicts was that the imperial decrees did not generally lose their validity beyond their reign and were solely subject to imperial reservation.
See also
literature
- Max Kaser : Roman legal history. Verlag Vandenhoeck & Ruprecht, 2nd edition, Göttingen 1967, pp. 40-46 ( digitized version ).
- Wolfgang Kunkel , Martin Schermaier : Roman legal history . 13th edition, Böhlau, Cologne a. a. 2001, ISBN 978-3-8252-2225-3 , pp. 119-122, 167-171.
Remarks
- ^ Wolfgang Kunkel, Martin Schermaier: Roman legal history. Second section: § 6 The civil law jurisdiction and the official law , Cologne u. a. 2001, pp. 119-122.
- ^ Wolfgang Kunkel with Roland Wittmann : State order and state practice of the Roman Republic. Second part. The magistrate . Munich 1995, ISBN 3-406-33827-5 (by Wittmann completed edition of the work left unfinished by Kunkel). P. 626 f.
- ↑ Plutarch : Gracch. 10, 8 f.
- ↑ Marcus Tullius Cicero : open. 3.80. Pliny the Elder : nat. 33, 132; 34, 27.
- ^ Wolfgang Kunkel, Martin Schermaier: Roman legal history. Second section: § 8 The Imperial Law , Cologne a. a. 2001, p. 168.