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Justinian I · The Digest of Justinian §1.3.40.pr

Threefold Origin of Law in Consent, Necessity, and Custom

Passage 59 of 9271 · Latin

Summary

Modestinus presents a threefold classification of the origins of law, stating that all law is created either by consent, established by necessity, or confirmed by custom.

[MODESTINUS libro I regularum. ] §1.3.40.prErgo omne ius aut consensus fecit aut necessitas constituit aut firmauit consuetudo.
[MODESTINUS, Rules, book 1] Therefore, all law, either consent has created, or necessity has established, or custom has confirmed.

Notes

  1. §1.3.40.promne ius — This is a neuter singular accusative and functions as the common direct object of the three subsequent active verbs: `fecit`, `constituit`, and `firmauit`. The subjects of these respective clauses are `consensus`, `necessitas`, and `consuetudo` (all in the nominative case), placing the object at the very beginning of the sentence for emphasis.

Cite this passage

Justinian I, The Digest of Justinian §1.3.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.40.pr

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