Law of Citations
Encyclopedia
The Law of Citations was a Roman law
created in AD 426
by the emperor Theodosius II
. It was designed to help judges deal with vast amounts of jurist writings on a subject and thus to reach a decision. According to the legal historian Alan Watson
, "This Law of Citations marks a low point of Roman jurisprudence
, since [it declares] the correct opinion is to be found by counting heads, not by choosing the best solution."
Authority was given to Ulpian
us, Gaius
, Paulus
, Papinianus and Modestinus
as they were some of the outstanding jurists of the classical period. Quotations used by these jurists were also given authority. If there was a conflict between the jurists, the majority view would prevail. In the event of an even number of views on each side, the view of Papinianus would be applied. If Papinianus expressed no opinion, the judge would then be free to use his own judgement.
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
created in AD 426
426
Year 426 was a common year starting on Friday of the Julian calendar. At the time, it was known as the Year of the Consulship of Theodosius and Valentinianus...
by the emperor Theodosius II
Theodosius II
Theodosius II , commonly surnamed Theodosius the Younger, or Theodosius the Calligrapher, was Byzantine Emperor from 408 to 450. He is mostly known for promulgating the Theodosian law code, and for the construction of the Theodosian Walls of Constantinople...
. It was designed to help judges deal with vast amounts of jurist writings on a subject and thus to reach a decision. According to the legal historian Alan Watson
Alan Watson
Professor W.A.J. 'Alan' Watson is a Scottish law and legal history expert, and is regarded as one of the world's foremost authorities on Roman law, comparative law, legal history, and law and religion...
, "This Law of Citations marks a low point of Roman jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
, since [it declares] the correct opinion is to be found by counting heads, not by choosing the best solution."
Authority was given to Ulpian
Ulpian
Gnaeus Domitius Annius Ulpianus , anglicized as Ulpian, was a Roman jurist of Tyrian ancestry.-Biography:The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222...
us, Gaius
Gaius (jurist)
Gaius was a celebrated Roman jurist. Scholars know very little of his personal life. It is impossible to discover even his full name, Gaius or Caius being merely his personal name...
, Paulus
Paul (jurist)
Julius Paulus Prudentissimus was one of the most influential and distinguished Roman jurists. He was also a praetorian prefect under the Roman Emperor Alexander Severus.-Life:...
, Papinianus and Modestinus
Herennius Modestinus
Herennius Modestinus, or simply Modestinus, was a celebrated Roman jurist, a student of Ulpian who flourished about 250.He appears to have been a native of one of the Greek-speaking provinces, probably Dalmatia...
as they were some of the outstanding jurists of the classical period. Quotations used by these jurists were also given authority. If there was a conflict between the jurists, the majority view would prevail. In the event of an even number of views on each side, the view of Papinianus would be applied. If Papinianus expressed no opinion, the judge would then be free to use his own judgement.
External links
- UPMF-grenoble.fr, The Roman Law Library