Legal Definitions - ampliatio

ampliatio is a term from ancient Roman law that refers to two distinct but related concepts concerning the judicial process:

• First, it describes the act of deferring or reserving judgment. This occurred when a judge or magistrate chose not to issue an immediate decision on a case or a particular legal matter. The judgment might be postponed because the court required more time for deliberation, needed additional information, or wished to hear further arguments before reaching a final conclusion.

  • Example: During a complex civil dispute in ancient Rome involving intricate property boundaries, a praetor (a Roman magistrate) might declare an ampliatio after hearing initial arguments. This would mean the praetor decided to postpone a definitive ruling, perhaps to allow for more detailed surveys of the land or to consult with legal experts on specific points of property law before rendering a final judgment.

    Explanation: In this scenario, the praetor is deferring judgment, indicating that more consideration or information is needed before a decision can be made, directly illustrating the first meaning of ampliatio.

• Second, in the context of a criminal trial before a comitia (an assembly of the Roman people acting as a jury), ampliatio referred to the repeating of evidence at the jury's request. If the jurors felt they had not fully understood certain testimony or needed to re-examine specific pieces of evidence, they could request that it be presented again before they cast their votes.

  • Example: Imagine a Roman criminal trial where a witness's testimony about the timing of an event was crucial but delivered quickly. If the jurors of the comitia were uncertain about the exact details or felt they missed a key point, they could collectively request an ampliatio. This would compel the witness to repeat their testimony, or the relevant evidence to be re-presented, allowing the jurors to clarify their understanding before making their final decision on guilt or innocence.

    Explanation: Here, the jury's request to have evidence repeated demonstrates ampliatio because it signifies a pause in the decision-making process to ensure all information is thoroughly understood, thereby deferring the final judgment until clarity is achieved.