Humanitext Reader

Justinian I · The Digest of Justinian §42.1.62.pr

Prohibition of a New Judgment on the Same Day After Error

Passage 6914 of 9271 · Latin

Summary

In response to the question of whether a judge who made an erroneous decision can deliver a judgment again on the same day, it is answered that he cannot.

[ALFENUS VARUS libro sexto digestorum a Paulo epitomatorum. ] §42.1.62.prCum quaerebatur, iudex, si perperam iudicasset, an posset eodem die iterum iudicare, respondit non posse.
[ALFENUS VARUS, in the sixth book of the Digest epitomized by Paulus.] When it was asked whether a judge, if he had judged erroneously, could judge again on the same day, he replied that he could not.

Notes

  1. §42.1.62.priudicasset — A syncopated form of iudicavisset (subjunctive pluperfect). It functions as a conditional clause within an indirect question, representing a future perfect (si iudicaverit) in direct speech, shifted to the pluperfect due to sequence of tenses after the past main verb (quaerebatur).
  2. §42.1.62.prnon posse — An accusative with infinitive (AcI) construction dependent on respondit (he replied), with the subject accusative iudicem (the judge) omitted as understood from the context. The infinitive posse implicitly governs the verb iudicare from the preceding clause.

Cite this passage

Justinian I, The Digest of Justinian §42.1.62.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.62.pr

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