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Justinian I · The Digest of Justinian §1.3.24.pr

Prohibition of Judgment Based on Isolated Legal Fragments

Passage 43 of 9271 · Latin

Summary

Celsus states that it is improper and contrary to the spirit of the law to pass judgment or offer a legal opinion based on an isolated part of a law without examining the entire text.

[CELSUS libro VIIII digestorum. ] §1.3.24.prInciuile est nisi tota lege perspecta una aliqua particula eius proposita iudicare uel respondere.
[CELSUS, Digest, Book 9] It is contrary to the spirit of the law, unless the whole law has been thoroughly examined, to judge or to give an opinion upon the presentation of some single part of it.

Notes

  1. §1.3.24.princivile — A neuter singular nominative adjective acting as the predicate. It forms an impersonal construction with the subsequent infinitive phrase (iudicare uel respondere) serving as the logical subject. As the negative of civile (befitting a citizen, proper, lawful), it means 'contrary to the spirit of the law' or 'improper'.
  2. §1.3.24.prnisi tota lege perspecta — The conjunction nisi ('unless') qualifies the ablative absolute phrase tota lege perspecta ('the whole law having been examined'). It sets up the condition 'unless the entire law has been thoroughly examined' for the actions of judging or giving opinions.
  3. §1.3.24.pruna aliqua particula eius proposita — Another ablative absolute construction (una aliqua particula ... proposita), where eius is a genitive referring back to lex (law). In contrast to the preceding nisi clause, it describes the improper circumstance or basis ('upon the presentation of some single part of it') under which the judgment or opinion is rendered.

Cite this passage

Justinian I, The Digest of Justinian §1.3.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.24.pr

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