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date: 16 April 2021

ius honorariumlocked

  • Callie Williamson

Extract

Ius honorarium (magistrate law), derived from honos (curule office), was a classification formulated by jurists of the Roman imperial period to distinguish the private law made by juridical magistrates of the Republic from ius civile (civil law) [Dig.1.1.7. (Papinian), Dig.1.1.11 (Paulus)]. The primary juridical magistrates were, in order of creation, the urban praetor (367bce), the curule aediles (367bce), and the peregrine praetor (c. 244bce), and later the provincial governors. None of these offices was created for the express purpose of judicial action, nor was this ever their sole function. As a corollary, they did not constitute a professional judiciary. The praetors’ basis of legal authority was imperium (the supreme power), a subset of which was iurisdictio, the authority to “speak the law,” and ius edicendi, the right to issue edicts.The curule aediles, whose sphere of operation was limited to the marketplace and city administration, had only iurisdictio and ius edicendi.

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