Justinian I · The Digest of Justinian §50.17.80.pr

Priority and Restriction of the Genus by the Species

Passage 9140 of 9271 · Latin

Summary

It states the legal principle that in all law, the general rule (genus) is restricted by the specific rule (species), and the specific rule takes precedence.

[IDEM libro trigesimo tertio quaestionum. ] §50.17.80.prIn toto iure generi per speciem derogatur et illud potissimum habetur, quod ad speciem derectum est.

[THE SAME, from his thirty-third book of Questions.] In the whole of law, the genus is derogated from by the species, and that which is directed to the species is held to be of the greatest importance.

Notes

§50.17.80.prgeneri per speciem derogatur — The intransitive verb `derogare` (which takes the dative to mean "to detract from," "to restrict," or "to derogate from") is used here in an impersonal passive construction. Literally, "it is derogated from the genus by the species." This is the foundational expression for the legal principle that specific provisions override general ones.
§50.17.80.prpotissimum habetur — `potissimum` can be interpreted either as the neuter singular nominative of the superlative adjective `potissimus` (acting as a complement) or as an adverb meaning "chiefly," "especially," or "above all." Here it functions adverbially, modifying `habetur` ("is held" or "is regarded") to mean "is held of primary importance" or "is preferred above all."

Cite this passage

Justinian I, The Digest of Justinian §50.17.80.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.80.pr

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