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Justinian I · The Digest of Justinian §50.17.37.pr

Power to Acquit as Inherent in the Power to Condemn

Passage 9097 of 9271 · Latin

Summary

Ulpian's maxim stating that anyone who has the authority to condemn also has the authority to acquit.

[ULPIANUS libro quinquagensimo primo ad Sabinum. ] §50.17.37.prNemo, qui condemnare potest, absoluere non potest.
[ULPIANUS, in his fifty-first book on Sabinus.] No one who has the power to condemn is unable to acquit.

Notes

  1. §50.17.37.prnemo ... non potest — Double negation with nemo and non potest. Literally, "no one who can [condemn] is unable to [acquit]," which expresses a strong affirmation: "everyone who can condemn can also acquit."
  2. §50.17.37.prcondemnare ... absoluere — Refers to the powers of a judge in legal proceedings. It logically implies that whoever possesses the power of condemnation (condemnatio) also possesses the counterpart power of acquittal (absolutio).

Cite this passage

Justinian I, The Digest of Justinian §50.17.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.37.pr

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