Humanitext Reader

Justinian I · The Digest of Justinian §1.3.3.pr

Principle That Laws Apply to What Usually Occurs

Passage 22 of 9271 · Latin

Summary

Pomponius presents the principle from Theophrastus that laws should be established for things that happen for the most part, rather than for unexpected and exceptional occurrences.

[POMPONIUS libro uicensimo quinto ad Sabinum. ] §1.3.3.prIura constitui oportet, ut dixit Theophrastus, in his, quae ἐπὶ τὸ πλεῖστοn accidunt, non quae ἐκ παραλόγου.
[POMPONIUS on Sabinus, Book XXV] Laws ought to be established, as Theophrastus said, in those cases which happen for the most part, not in those which happen contrary to expectation.

Notes

  1. §1.3.3.prconstitui oportet — The passive infinitive `constitui` is used with the accusative subject `Iura` (laws) as the complement of the impersonal verb `oportet` (it is necessary / ought).
  2. §1.3.3.prin his, quae — The preposition `in` governs the ablative `his` (neuter plural demonstrative), meaning "in those things/cases." This `his` acts as the antecedent for the relative pronoun `quae`. In the subsequent clause `non quae`, the prepositional phrase `in (his)` is understood by ellipsis.
  3. §1.3.3.prἐπὶ τὸ πλεῖστοn — A Greek idiomatic expression meaning "for the most part" or "generally" (corresponding to Latin *plerumque*). In the manuscript tradition, the final letter is often transliterated as `n` instead of the Greek letter nu. It stands in contrast to `ἐκ παραλόγου`, which means "contrary to expectation" or "unexpectedly."

Cite this passage

Justinian I, The Digest of Justinian §1.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.3.pr

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