Perpetual Edict (Ancient Rome)


For other uses of this term, see Perpetual Edict.

The perpetual edict (in Latin, Edictum perpetuum praetoris), in Ancient Rome, was the edict that defined the norms that would govern the praetor's administration of justice during his term, usually one year.

Issuance of the perpetual edict

Each time a new praetor was elected, they issued their own perpetual edict that listed the actions they could ask for or, after the institution of the formulation process (agere per formulas), the formulas served to protect the plaintiff and the situations instead of serving to protect the accused with an exceptio. The edicts were issued publicly to make them known to the people. The Edict of ever y The Edict of traditional method of teaching

For the praetor there was also the custom of reproducing part of the edict of his predecessor, so that each new perpetual edict was the previous, with the changes that the new praetor considered appropriate. Over time, a nucleus was formed called translaticio edict, which would then be compiled and codified by the jurist Salvio Juliano by order of the emperor Hadrian.

In the year 131 the emperor Hadrian, ordered to consolidate definitively the form of the translaticio Edict, by means of the work of Salvio Julian, a member of his Consilium principis, turning the perpetual edict and the translaticio into a definitive law. At the same time, it eliminated the possibility that later praetors would create new rights through their edicts. The edict translaticio crystallized in practice in the form of edict, when in the most ancient times, the praetors solemnly defined their judicial policy that little by little came to be stabilized in the form of customary law. In this way, only the emperor could modify the perpetual edict which made the once dynamic Roman law go through a stage of sclerotization.

The perpetual Edict, would serve as a model for the elaboration of the Emperor Justinian's Digest, which was published in 533.

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