Dkk
13:29
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
Citations, Law of
Read a random definition: jus curialitatis
A quick definition of Citations, Law of:
The Law of Citations is a rule from Roman law that says judges can only use certain juristic writers as sources of authority in court. These writers are Papinian, Paul, Gaius, Ulpian, and Modestinus. If most of them agree on an issue, the judge has to follow their view. If they are equally divided and Papinian is silent, the judge can use their own discretion. This law made it easier for judges to use juristic literature to make decisions.
A more thorough explanation:
Citations, Law of is a decree of Emperor Valentinian III in A.D. 426 that listed five juristic writers, Papinian, Paul, Gaius, Ulpian, and Modestinus, who could be cited authoritatively in court.
According to this law, if a majority of the writers agreed on an issue, the judge was bound to follow the majority view. The judge could use discretion only if the writers were equally divided, and Papinian, whose view prevailed in a tie, was silent on the issue.
For example, if four of the five writers agreed on a legal issue, the judge had to follow their view. However, if three writers agreed on one side, and two on the other, the judge could use discretion only if Papinian did not express his opinion on the issue.
The Law of Citations helped the courts deal with conflicting juristic literature by excluding a vast amount of doctrine whose relative value had not been determined. This law made it easier for judges to base their decisions on a source of principle.