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Justinian I · The Digest of Justinian §2.1.2.pr

Inherent powers necessary to exercise jurisdiction

Passage 241 of 9271 · Latin

Summary

The principle is stated that the grant of jurisdiction implicitly includes all powers necessary for its exercise.

[IAUOLENUS libro sexto ex Cassio. ] §2.1.2.prCui iurisdictio data est, ea quoque concessa esse uidentur, sine quibus iurisdictio explicari non potuit.
[JAVOLENUS, From Cassius, Book Six.] To whomsoever jurisdiction is given, those things also are deemed to have been granted, without which the jurisdiction could not be exercised.

Notes

  1. §2.1.2.prCui — Dative singular of the relative pronoun. The demonstrative pronoun in the dative (such as ei) is omitted in the main clause, functioning as the recipient or relation to the passive construction (concessa esse uidentur) in the main clause.
  2. §2.1.2.prea quoque concessa esse uidentur — A personal construction with the verb uideri (third-person plural present of uideor) and a nominative with the infinitive. The subject is the neuter plural demonstrative pronoun ea, meaning 'those things also are deemed to have been granted (concessa esse)'. It is not an impersonal 'it seems that', but rather uidentur agrees directly with the subject ea.
  3. §2.1.2.prexplicari non potuit — Although potuit is the perfect tense of possum, it does not refer to a specific past event but rather expresses a general and timeless legal truth: 'without which the jurisdiction could not [possibly] be exercised.'

Cite this passage

Justinian I, The Digest of Justinian §2.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.1.2.pr

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