Legal Definitions - decretum

A "decretum" is a Latin term for a decision with mandatory force. In Roman law, it referred to a judgment by a magistrate or the emperor, which served as a type of imperial constitution. In ecclesiastical law, it denotes an ecclesiastical law, distinguishing it from secular laws.

A decretum refers to a formal decision or ruling that carries mandatory authority, meaning it must be obeyed. Historically, this term has been used in two primary contexts:

• In Roman Law: A decretum was a judgment or decision issued by a magistrate, most notably by the Roman Emperor. These were often judgments made in specific legal cases, either when a case was heard for the first time or when it was appealed from a lower court. An emperor's decretum had the force of law and was considered a type of imperial constitution, binding throughout the empire.

  • Example: If a Roman citizen appealed a provincial governor's decision regarding a land ownership dispute directly to the Emperor, and the Emperor reviewed the case and issued a final ruling upholding or overturning the governor's judgment, that imperial decision would be a decretum. This ruling would then be legally binding across the empire.

    Explanation: This illustrates a decretum as a definitive, mandatory judgment from the highest legal authority in the Roman Empire, resolving a specific legal challenge and carrying the force of law.

• In Ecclesiastical Law: In the law governing the affairs of the Christian Church, a decretum refers to a specific church law or ordinance. These are distinct from secular laws, which are enacted by civil governments. Ecclesiastical decreta address matters of faith, morals, church discipline, and administration.

  • Example: Consider a situation in the medieval Church where a council of bishops convened to address disagreements over the proper conduct for clergy members. Their collective, authoritative declaration outlining new rules for clerical behavior would be an ecclesiastical decretum.

    Explanation: Here, the decretum represents a formal church law or ruling, issued by a religious authority, intended to establish uniform practice or doctrine within the Christian community, separate from any civil law.