HIST-1106EL Study Guide - Quiz Guide: Inter Partes, Praetorium, Jus Gentium
13 Nov 2020
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Legal change and the fiction of immutability ius civile - still considered as immutable. Praetor: improved/supplemented it unable to change, but responsible for its correct, effective application. Not a logical & internally coherent system evolved body of case law, of legal remedies; more extensive, less exclusive. Praetor"s imperium - the praetors disposed of ius edicendi = power to promulgate edicts. General regulations - the magistrates made clear how they would exercise their imperium. Praetor urbanus: annually promulgate an edict upon taking office by which he announced which legal remedies he would by applying that year. Praetor - free to determine his edict"s content. 67 bc: praetor would abide by his own edict. To keep arbitrariness on the part of the praetors within bounds: procedure per formulam. Massive introduction of new remedies - changes in the nature of the roman civil trial. Could be used in a number of instances - the older procedure would previously have had to be used.
