The Republic by Plato

Introduction

The Republic began in 508 BC and lasted for 483 years. The office of the Praetor came about in 367 BC. The functions of the praetor were to aid the civil law, done through the grant of rights of actions for the enforcement of civil claims and to help the consuls in the day-to-day administration of justice. In 242 BC, thirty years later, another praetor was added, thus there were two praetors. The praetor urbanus had jurisdiction to decide cases and administer justice among Roman citizens whilst the praetor peregrinus had to take care of cases between citizens and foreigners, and foreigners amongst themselves. Nonetheless the main cases were those between peregrines. Also in the lex Papiria de sacramentis we find “qui inter cives ius dicet”.The Praetor can be considered to be an official who had a lot of influence on laws, but it is impossible to mention all of these influences.

Imperium

Imperium is defined as the supreme executive power in the Roman State, and it involved both military and judicial authority. This imperium was exercised in the first instance by the Kings of Rome but then under the Republic the chief magistrates, including the praetor, were also entrusted with this command .

The imperium of the consuls was considered to be maius and thus greater than that of the praetor. This meant that the consul could intervene against the praetor but the praetor could not do the same. This also enabled the praetor to see the things which were not regulated by the ius civile, but where needed in a society and in the economic life of Rome. The Praetor could also delegate this imperium to other persons who were non-magistrates. Other than imperium the praetor held jurisdiction which showed how he had the unlimited ...

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...(unpublished Ph.D thesis, University of Aberdeen)

Inst. Gai.3. 18.

These could not inherit each other, except the widow in the case of a manus marriage. As defined by Andrew Borkowski and Paul du Plessis in ‘Textbook on Roman Law’, 3rd Edition, Oxford University Press.

Encyclopedic Dictionary of Roman Law, Volume 43, Adolf Berger, The American Philosophical Society, Independence Square, Philadelphia

The method of acquiring ownership and title by usucapio

The Principles of Roman law and their relation to Modern Law, William Livesey Burdich, The Law Exchange Ltd. Clark, New Jersey, 2004

The First Year of Roman Law, Fernand Bernard, Translated by Charles P. Sherman D.C.L, Oxford University Press

As defined by Black’s Law Dictionary

Pomponius, Libro singularii enchiridia (D. 1. 2. 2. pr. -53)

Papinianus, Libro [II] <1> definitionum (D. 1. 1. 7. pr. -1)