Ius respondendi

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The ius respondendi ex auctoritate principis (literally “right to give an answer with imperial authority”) was given in Roman law by the emperor to individual jurists who were thereby legitimized to answer legal questions on behalf of the emperor. As a consequence, courts were only allowed to consider expert opinions from respondent lawyers, which in turn had the character of a legal source. The legal system in ancient Rome experienced a significant development through these civil servants.

Since Augustus, this right was initially granted to a small number of legal scholars from the senatorial class and served the quality assurance against the inflation of legal opinion-forming. From the middle of the 2nd century the relationship was reversed. From this point onwards, the majority of the members of the knighthood ( equites ) were used in this function.

The respondent lawyers were also members of the imperial council (consilium) . The consiliarii were held in high esteem and were able to advance to the Praetorian prefecture through an official career .

As the first known jurist from the equestrian order who was entrusted with the ius respondendi , Masurius Sabinus is named in the 1st century , who performed the function of legal advisor under the emperor Tiberius .

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  1. ↑ However, it is controversial whether Emperor Augustus only wanted to bestow an award with this, or whether he wanted to give the jurists concerned additional prestige; see: Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , p. 34 f.
  2. ↑ Martin Schermaier : Roman legal history. § 7 Jurisprudence and Legal Law . 13th edition, Böhlau, Cologne a. a. 2001, ISBN 978-3-8252-2225-3 , p. 142
  3. ^ Max Kaser : Roman legal history. Second section: § 41 The early classics and the two schools of law. Verlag Vandenhoeck & Ruprecht, 2nd edition, Göttingen 1967, p. 187 ( digital copy )