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Justinian I · The Digest of Justinian §5.1.47.pr

Prohibition of Nomination of Judge by One Party

Passage 928 of 9271 · Latin

Summary

It states the rule that a judge nominated by one party should not be appointed, as it sets an unjust precedent, unless specially permitted by the emperor out of regard for the judge's modesty.

[CALLISTRATUS libro primo quaestionum. ] §5.1.47.prObseruandum est, ne is iudex detur quem altera pars nominatim petat: id enim iniqui exempli esse diuus Hadrianus rescripsit: nisi hoc specialiter a principe ad uerecundiam petiti iudicis respiciente permittetur.
[CALLISTRATUS, Questions, Book I.] Care must be taken that a judge whom one party specifically requests by name is not appointed; for the deified Hadrian wrote in a rescript that this is of an unjust precedent, unless this shall be specially permitted by the emperor out of regard for the modesty of the requested judge.

Notes

  1. §5.1.47.prpetat — Present subjunctive. Used in the relative clause modifying `is iudex` to express a characteristic ('such a judge who would request...'), or by subjunctive attraction (attractio modi) to the subjunctive `detur` in the governing clause.
  2. §5.1.47.priniqui exempli — A genitive of quality (genitvus qualitatis) acting as a predicate of `esse`, meaning 'to be of an unjust precedent' or 'setting a bad example.'
  3. §5.1.47.pruerecundiam — Here, it refers to the 'modesty' or 'sense of propriety/hesitation' of the nominated judge, who might feel awkward or embarrassed by being single-handedly requested by one of the parties.

Cite this passage

Justinian I, The Digest of Justinian §5.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.47.pr

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