HIST-1106EL Study Guide - Quiz Guide: Middle Ages, Jus Gentium, Breviary Of Alaric
13 Nov 2020
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Legal development by interpretation: tradition = important for roman society, skeptical about changes, would interpret the law differently in order to not have to change the law. The praetor and the control of remedies i. The praetor and the control of remedies ii: prator has large degree of latitude in determining situation where he could draft formula for the parties, free in regard to the wording of the formula. In decision of drafting formula for party: praetor had to keep in mind if the party in question had interest protected by law. The ius gentium and the advent of jurists: number of non-roman citizens increased, 242 bc: appointment of the peregrine praetor, handled disputes when both the parties are non-citizens. Ius public respondendi: 1st jutists sabinians then proculeans, way for the emperor to calm tentions, emperor hadrianus determined that id jurists agreed in their opinion then it became force of a lex.
