Roman Public LifeGreenidge, A. H. J. (Abel Hendy Jones)
History
Roman Public Life
Greenidge, A. H. J. (Abel Hendy Jones)
Constitutional history -- Rome; Rome -- Politics and government
The Princeps, on the other hand, is not credited directly with any
power of legislation; but the faculty for making _jus_, which was
inherent in the _imperium_ of every Roman magistrate, and especially
apparent in that of the praetor, was manifested by the Princeps in an
unexampled degree. His methods of utterance are through the edict, the
decree, and the rescript. The _edictum_ is, like that of the praetor,
technically an interpretation of law; but the creative power associated
with interpretation is here pushed to its extremest limits, and statute
law supplemented this faculty inherent in the _imperium_ by explicitly
declaring that whatever ordinances the Princeps might lay down should
(with certain limitations fixed by precedents) be considered valid.[1810]
Whether the edict of one Princeps bound his successor must have depended
to some extent on the degree of formality in the utterance. Tiberius
professes respect even for the _obiter dicta_ of Augustus;[1811] but
this reverence was exaggerated, and none but the formal edicts expressed
in written form could, as a rule, have been included in the _acta_. It is
by no means certain that even these were always included in the _acta_ to
which the oath was taken;[1812] but if an edict had been recognised as
valid by several succeeding Principes and was then abandoned, some formal
method of repudiation seems to have been necessary.[1813]
The _decretum_ was, in its strict sense, the sentence of the Princeps
when sitting as a high court of justice;[1814] as a _res judicata_ it
necessarily possessed absolutely binding force for the case in which
it was issued, and prevented any renewal of this process; but, unless
formally rescinded in a succeeding reign, its validity as a precedent
seems not to have been questioned, and the words _Caesar dixit_ appeal to
the jurists almost with the force of law.[1815]
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