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Justinian I · The Digest of Justinian §1.3.15.pr

Inapplicability of Ordinary Rules to Legal Exceptions

Passage 34 of 9271 · Latin

Summary

This section explains that for exceptional rules established contrary to the general reason of the law, we cannot apply the ordinary rule of law.

[IULIANUS libro XXVII digestorum. ] §1.3.15.prIn his, quae contra rationem iuris constituta sunt, non possumus sequi regulam iuris.
[JULIANUS on the Digests, Book XXVII] In those matters which have been established contrary to the reason of the law, we cannot follow the rule of law.

Notes

  1. §1.3.15.prhis, quae — The neuter plural ablative of the demonstrative pronoun hic (his) serves as the object of the preposition in, and is modified by the relative clause introduced by quae (neuter plural nominative). It refers to "matters or institutions established contrary to the reason of law."
  2. §1.3.15.prregulam iuris — The direct object of sequi. Here, regulam denotes the "general rule of law" or "ordinary principle" as opposed to specific exceptional provisions. This concept is closely related to ratio iuris (the reason/principle of law) mentioned in the preceding fragment.

Cite this passage

Justinian I, The Digest of Justinian §1.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.15.pr

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