Legal Definitions - fasti

In ancient Roman law, fasti referred to the specific days of the year when legal proceedings and court sessions were permitted to take place. It also referred to the official calendar that listed these permissible days, distinguishing them from days when legal actions were prohibited due to religious observances or other reasons. Essentially, it designated the "open for business" days for the Roman legal system.

• Example 1 (The Permitted Days):

  Imagine a Roman citizen, Marcus, wanting to file a lawsuit against a neighbor. He knows that certain religious festivals or public holidays are considered "nefasti" (days when court cannot be held). He consults the public calendar and learns that tomorrow is a fastus dies – a day when the courts are open and he can initiate his legal action.

  This example illustrates the first meaning of fasti, referring to the specific days themselves when legal business was allowed. Marcus is looking for a "fastus dies" to proceed with his case.

• Example 2 (The Official Calendar):

  A Roman praetor (a magistrate with judicial authority) is reviewing his schedule for the upcoming month. He consults the official fasti, which is a detailed calendar indicating which days are suitable for hearing cases, issuing edicts, and conducting other legal duties. Based on this calendar, he plans his court sessions, ensuring he only schedules proceedings on designated legal days.

  Here, fasti refers to the calendar itself, which the praetor uses as a guide to determine the permissible days for judicial activity. It highlights the practical application of the calendar in managing the legal system.

• Example 3 (Modern Analogy):

  Consider a modern-day court clerk in a jurisdiction that observes specific judicial holidays or has designated "motion days" versus "trial days." While not using the term "fasti," the underlying principle is similar. If a lawyer calls to schedule a hearing, the clerk consults an official calendar that clearly marks days available for court proceedings versus days when the courthouse is closed or dedicated to administrative tasks. The days marked as available for hearings are analogous to the Roman fasti.

  This example draws a parallel to modern court scheduling to help a non-lawyer understand the concept. It shows how the idea of designated "court days" (the fasti) is fundamental to the operation of a legal system, ensuring that legal actions occur only when and where they are officially sanctioned.