Justinian I · The Digest of Justinian §1.3.27.pr

Application of Laws to Future Similar Cases

Passage 46 of 9271 · Latin

Summary

Because older laws are customarily interpreted in light of later ones, it should always be believed that laws inherently contain the principle that they apply to any similar persons and cases that may arise in the future.

[TERTULLIANUS libro I quaestionum. ] §1.3.27.prIdeo, quia antiquiores leges ad posteriores trahi usitatum est, semper quasi hoc legibus inesse credi oportet, ut ad eas quoque personas et ad eas res pertinerent, quae quandoque similes erunt.

[TERTULLIANUS, Questions, Book 1] Therefore, because it is customary for older laws to be drawn to later ones, it must always be believed as if this is inherent in the laws: that they should also apply to those persons and to those cases which at any time shall be similar.

Notes

§1.3.27.prquasi hoc legibus inesse credi oportet, ut ... pertinerent — The demonstrative pronoun "hoc" anticipates the contents of the following "ut" clause ("ut ... pertinerent"). "quasi" (as if) implies that, even if not explicitly stated in the statutory text, this interpretative principle should be assumed as an inherent premise of the law. The imperfect subjunctive "pertinerent," depending on the present-tense "oportet," is used because it refers back to the original intent and scope of the laws from the time of their enactment.

Cite this passage

Justinian I, The Digest of Justinian §1.3.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.27.pr

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