IURIS PERITI OR IMPERITI: A STUDY ON THE TECHNICAL KNOWLEDGE OF THE LAW BY THE IUDEX PRIVATUS IN THE CONTEXT OF THE FORMULARY PROCEDURE

Identifier:  imarina:9327092

Handle: https://hdl.handle.net/20.500.11797/imarina9327092

Authors:  Gomez Jordan, Albert

Abstract:
The purpose of this study is to shed light on the doctrinal discussion about the knowledge or ignorance of the law by the iudex privatus in the context of the Roman law formulary procedure. Specifically, the subject of study is framed within the second phase of the formulary procedure (apud iudicem) - which aroused little interest among jurists - and has been examined not only on the basis of legal sources (scarce), but also of literary and epigraphic sources. The study is divided into an initial status quaestionis of the subject, followed by an analysis of the figure of the iudex privatus and his relationship with the ius from multiple perspectives: the election of the judge in the formal procedure (electio), the taking of oaths, the function of issuing a judgment (iudicatio), the powers of the judge derived from the officium iudicis, the profile of judges in classical times in relation to the knowledge of the ius, the possibility or not of resorting to a consilium and the requirements and effects of his sententia.