Judge and Arbiter’s Obligations in the Procedural Formula According to Pliny the Younger and Gellius
Mignoth, Dominique-Aimé
Judge and Arbiter’s Obligations in the Procedural Formula According to Pliny the Younger and Gellius - 2008.
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Many scholars have written upon the origins of the proceeding per formulas, created under the Roman Republic and extended to all inhabitants of the Empire at the beginning of the third century A.D. For want of evidence from the Ancient authors, and because of the rarity and great concision of the legislative texts, we do not know the exact nature of the relations between judges, plaintiffs and arbiters apud iudicem. Above all, we have difficulties to figure out the extent of the liability of the judges and the arbiters who are nominated by the praetor ( nominatio). Later sources let us think that concerns about a just and fair issue led the praetor to establish a posteriori a suitable control to ensure a good justice and the plaintiffs’ protection.
Judge and Arbiter’s Obligations in the Procedural Formula According to Pliny the Younger and Gellius - 2008.
35
Many scholars have written upon the origins of the proceeding per formulas, created under the Roman Republic and extended to all inhabitants of the Empire at the beginning of the third century A.D. For want of evidence from the Ancient authors, and because of the rarity and great concision of the legislative texts, we do not know the exact nature of the relations between judges, plaintiffs and arbiters apud iudicem. Above all, we have difficulties to figure out the extent of the liability of the judges and the arbiters who are nominated by the praetor ( nominatio). Later sources let us think that concerns about a just and fair issue led the praetor to establish a posteriori a suitable control to ensure a good justice and the plaintiffs’ protection.
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