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Justinian I · The Digest of Justinian §42.1.37.pr

Requirement of Full Attendance for Judges' Decision

Passage 6889 of 9271 · Latin

Summary

This section states the principle that all judges are considered to render judgment only when every single one of them is present.

[MARCELLUS libro tertio digestorum. ] §42.1.37.prTunc autem uniuersi iudices intelleguntur iudicare, cum omnes adsunt.
[MARCELLUS, in the third book of the Digests.] But all the judges are understood to judge only when all are present.

Notes

  1. §42.1.37.printelleguntur iudicare — A construction of the nominative with the infinitive (Nominativus cum Infinitivo, NcI) with the passive verb "intellegere". The verb is in the third-person plural to agree with the subject "uniuersi iudices".
  2. §42.1.37.prtunc ... cum — A correlative pair of the adverb "tunc" (then) and the conjunction "cum" (when) taking the indicative. Here, it serves to strictly limit the condition to "only at that very moment when (all are present)".

Cite this passage

Justinian I, The Digest of Justinian §42.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.37.pr

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