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Justinian I · The Digest of Justinian §2.1.10.pr

Prohibition of Jurisdiction over Self and Dependents

Passage 249 of 9271 · Latin

Summary

The magistrate presiding over the administration of justice is prohibited from administering justice to himself, his family, or his dependents.

[ULPIANUS libro tertio ad edictum. ] §2.1.10.prQui iurisdictioni praeest, neque sibi ius dicere debet neque uxori uel liberis suis neque libertis uel ceteris, quos secum habet.
[ULPIANUS on the edict, book third.] He who presides over the administration of justice ought not to administer justice to himself, nor to his wife or children, nor to his freedmen or other persons whom he has with him.

Notes

  1. §2.1.10.prius dicere — Literally "to declare the law," this is a technical legal idiom in Roman law meaning "to administer justice" or "to exercise jurisdiction." It takes the dative case to indicate the persons subject to the adjudication.
  2. §2.1.10.prquos secum habet — The reflexive pronoun `se` within the relative clause and the subject of the verb `habet` refer back to the main subject of the sentence, `Qui iurisdictioni praeest` (the one presiding over the administration of justice). The antecedent is `ceteris` (or the whole phrase `libertis uel ceteris`), denoting those under his immediate household or retinue.

Cite this passage

Justinian I, The Digest of Justinian §2.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.10.pr

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