Ius publice respondendi ex auctoritate principis
- Autores: Malina Novkirichka-Stoyanova
- Localización: Ius romanum, ISSN-e 2367-7007, Nº. 1, 2015, págs. 54-81
- Idioma: latín
- Enlaces
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Resumen
The meaning and very existence of ius publice respondendi ex auctoritate principis is one of the many unsolvable mysteries in the history of Roman law. Augustus (according to Pomponius in D.2.2.2.48–50) created this right as a privilege (beneficium), but its further development is too far removed from the original intentions of this emperor. Scholars acknowledge its special significance for the history of law at the beginning of the Principle, but also acknowledge that there are many debatable problems and doubts about the true significance of ius respondendi in the age of Augustus, Hadrian, and Justinian. Even in modern novelistic literature, there are many and varied opinions on the subject. The general opinion is that Augustus granted this right as a privilege to well-known lawyers of aristocratic origin, but not the right to create binding rules with which judges should be bound when resolving legal disputes. The article presents ius publice respondendi ex auctoritate principis as a way to implement August's policy of attracting prominent lawyers to power to secure their support for its reforms.
