Humanitext Reader

Justinian I · The Digest of Justinian §5.1.81.pr

Lack of Qualification as a Judge without Legal Authority

Passage 962 of 9271 · Latin

Summary

Ulpian states that a person cannot be a judge if they do not hold jurisdictional authority, power from the princeps, appointment by an authorized person, arbitration agreement, or legal confirmation.

[ULPIANUS libro quinto opinionum. ] §5.1.81.prQui neque iurisdictioni praeest neque a principe potestate aliqua praeditus est neque ab eo qui ius dandorum iudicum habet datus est nec ex compromisso sumptus uel ex aliqua lege confirmatus est, iudex esse non potuit.
[ULPIANUS, in the Fifth Book of Opinions.] A person who neither presides over jurisdiction, nor has been endowed with any power by the princeps, nor has been appointed by one who has the right of assigning judges, nor has been chosen by arbitration, or confirmed by some law, could not be a judge.

Notes

  1. 5.1.81.prQui — The relative pronoun qui contains its antecedent (such as is) and functions as the subject of the main clause ("he who..."). The main verb of the principal clause is potuit at the end.
  2. 5.1.81.prius dandorum iudicum — dandorum is a gerundive (future passive participle) agreeing in gender, number, and case with iudicum (genitive plural of the noun iudex), forming a gerundive construction. The phrase ius dandorum iudicum means "the right of appointing (giving) judges."

Cite this passage

Justinian I, The Digest of Justinian §5.1.81.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.81.pr

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