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Justinian I · The Digest of Justinian §42.2.1.pr

Principle That Confessors Are Treated as Adjudicated

Passage 6917 of 9271 · Latin

Summary

Paulus expounds the legal principle that a person who confesses is treated as adjudicated, since their confession is, in a sense, a judgment pronounced by themselves.

[PAULUS libro quinquagensimo sexto ad edictum. ] §42.2.1.prConfessus pro iudicato est, qui quodammodo sua sententia damnatur.
[PAULUS, in the fifty-sixth book on the Edict.] A person who confesses is held as adjudicated, since he is, in a manner, condemned by his own judgment.

Notes

  1. §42.2.1.prpro iudicato — The preposition pro with the ablative means 'in place of' or 'as equivalent to'. The word iudicato is the ablative masculine singular of the perfect passive participle iudicatus ('one who has been judged'), functioning as a noun, meaning 'as one who has already been adjudicated'.
  2. §42.2.1.prsua sententia — An ablative of means or cause. The noun sententia carries a double meaning of 'judicial sentence' and 'opinion or declaration'. It figuratively implies that a confession (confessio) functions as a sentence pronounced by the confessor upon themselves.

Cite this passage

Justinian I, The Digest of Justinian §42.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.2.1.pr

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