Humanitext Reader

Justinian I · The Digest of Justinian §50.9.6.pr

Requirement of Intent for Penalties Under Municipal Law

Passage 8773 of 9271 · Latin

Summary

Scaevola answers a query regarding a municipal law that penalizes litigating outside the council, stating that such penalties apply only to those who violate the rule knowingly, not in ignorance.

[SCAEUOLA libro primo digestorum. ] §50.9.6.prMunicipii lege ita cautum erat: 'ἐάν τις ἔξω τοῦ συνεδρίου δικάσηται, τοῦ τε συνεδρίου εἰργέσθω καὶ προσαποτιννύτω δραχμὰς χιλίας'. quaesitum est, an poenam sustinere debeat, qui ignorans aduersus decretum fecit.
[SCAEVOLA in the first book of the Digests.] In the law of a municipality it was provided as follows: 'If anyone brings a lawsuit outside the council, let him be excluded from the council and let him additionally pay one thousand drachmas.' The question was asked whether one who acted contrary to the decree in ignorance ought to undergo the punishment.
respondit et huiusmodi poenas aduersus scientes paratas esse.
He answered that punishments of this kind are prepared against those who act knowingly.

Notes

  1. §50.9.6.prδικάσηται — This is the middle voice (aorist subjunctive) of the Greek verb δικάζω. While the active voice means 'to judge' or 'to give judgment,' the middle voice means 'to go to law' or 'to conduct a lawsuit.' Thus, ἔξω τοῦ συνεδρίου δικάσηται refers to bringing a lawsuit or litigating outside the regular council (or court).
  2. §50.9.6.prignorans — A nominative adjective agreeing with the subject of the relative clause, qui, functioning adverbially as 'unknowingly' or 'in ignorance.' Here it refers to the subjective state of not knowing the council's decree (or its existence). In contrast with 'scientes' (those who act knowingly), it indicates that this penalty is intended only for intentional violations, not for those committed in ignorance.
  3. §50.9.6.pret — The conjunction 'et' here does not merely mean 'and,' but is used either to emphasize the following proposition or in the sense of 'also/indeed.' It strengthens the restrictive interpretation that 'such punishments are [indeed] prepared [only] against those who act knowingly.'

Cite this passage

Justinian I, The Digest of Justinian §50.9.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.9.6.pr

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