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Legal Definitions - laudator

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Definition of laudator

A laudator is a historical legal term with two primary meanings, both originating from Roman law:

  • In ancient Roman criminal trials, a laudator was a character witness. This person would testify about the defendant's good reputation, moral standing, or positive qualities, aiming to persuade the court of their integrity.

  • Historically, a laudator could also refer to an arbitrator. In this context, they were a neutral third party chosen by disputing parties to hear their arguments and make a binding decision to resolve a conflict outside of a formal court setting.

Examples:

  • Example 1 (Character Witness): Imagine a Roman citizen, Marcus, accused of a minor offense. His neighbor, Lucius, who has known Marcus for many years as an honest and hardworking individual, appears before the magistrate to speak positively about Marcus's integrity and peaceful nature. Lucius, in this scenario, would be acting as a laudator, providing testimony about Marcus's good character.

    Explanation: This illustrates the first meaning of laudator, where an individual provides a positive character assessment of someone involved in a legal proceeding to influence the outcome.

  • Example 2 (Arbitrator): Two Roman merchants, Gaius and Decimus, have a disagreement over the quality of a shipment of olives. Instead of going to court, they agree to present their cases to a respected elder in their community, Quintus, asking him to listen to both sides and decide how the dispute should be resolved. Quintus, by impartially hearing the arguments and rendering a decision, functions as a laudator in the sense of an arbitrator.

    Explanation: This example demonstrates the second meaning, where a neutral party is chosen by disputants to resolve their conflict outside of the formal judicial system.

  • Example 3 (Character Witness - modern analogy): While the term laudator is historical, the concept of a character witness remains relevant. If, in a modern context, a respected community leader writes a letter to a judge praising a young person's commitment to community service and good behavior, hoping to influence a sentencing decision, that leader is performing a role analogous to a Roman laudator.

    Explanation: This example helps bridge the historical term to a more relatable concept, showing how the act of vouching for someone's character in a legal setting is the core function of a laudator in its first meaning.

Simple Definition

A laudator was a historical legal figure with two primary roles. In Roman law, a laudator served as a character witness during a criminal trial. More generally, the term could also refer to an arbitrator.

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