- PII
- S0321-03910000392-7-1
- DOI
- 10.7868/S10000392-7-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 4
- Pages
- 87-110
- Abstract
- The author notes that according to Pomponius after the year 280 BC, thanks to Tiberius Coruncanius, Roman jurists began to give their answers publicly on the Roman Forum. The same Pomponius tells about jurists' habit to discuss the law on the Forum, a habit which existed as early as the 5th century BC. This public discussion of the proposed bills, of candidates for magistratus and ofjudicial cases took place at three people's assemblies (contiones) in the period of trinundinum, three market days or “30 legitimate days” (XXX iusti dies) allocated specially for such discussions. At such contiones Roman jurists gave their consensual answers, which had the force of law. In the archaic period those answers were given by priests (pontiffs, augurs and fetials) in whose hands the whole law was at that time. In the 2nd-1st centuries BC, along with the development of secular jurisprudence, the role of plebeian tribunes in guiding discussions at the people's assemblies was increasing, and so was that of plebeian jurists, Roman horsemen. The author also notes that the most information about disputatio forensis is to found in Cicero's and Quintilian's treatises about the oratory art. Finally, a conclusion is made that Roman jurisprudence developped not in the quiet of scholars' libraries and studies, but in the stormy discussions of the Roman Forum.
- Keywords
- Roman Republic, jurists, orators, people’s assembly, comitia, contiones, debates at the Forum, responsa prudentium
- Date of publication
- 01.10.2014
- Year of publication
- 2014
- Number of purchasers
- 1
- Views
- 633
RAS History & PhilologyВестник древней истории Vestnik drevney istorii
- ISSN (Print) 0321-0391
- ISSN (Online) 3034-5251
THE ROLE OF RESPONSA OF ROMAN JURISTS IN THE DISPUTATIO FORENSIS OF ROMAN CIVIL COMMUNITY IN 5TH - 1ST CENTURIES BC
Indexing
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library