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Justinian I · The Digest of Justinian §4.8.51.pr

Ineligibility of Arbitrator in One's Own Dispute

Passage 873 of 9271 · Latin

Summary

An arbitrator appointed in his own case cannot render an award, because it is impossible for anyone to issue a command or prohibition to oneself.

[MARCIANUS libro secundo regularum. ] §4.8.51.prSi de re sua quis arbiter factus sit, sententiam dicere non potest, quia se facere iubeat aut petere prohibeat: neque autem imperare sibi neque se prohibere quisquam potest.
[MARCIANUS in his second book of Rules.] If anyone is made an arbitrator in his own case, he cannot pronounce an award, because he would be ordering himself to act or forbidding himself to make a claim; but no one can command himself or forbid himself.

Notes

  1. 4.8.51.prquis — The indefinite pronoun used after the conditional conjunction si, equivalent to aliquis (anyone, someone).
  2. 4.8.51.priubeat aut petere prohibeat — The present subjunctives are used in the clause introduced by the conjunction quia to express a conceptual or logical reason in a hypothetical scenario rather than an objective historical fact.

Cite this passage

Justinian I, The Digest of Justinian §4.8.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.51.pr

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