Legal Definitions - Law of Citations

The Law of Citations refers to a historical legal decree from the Roman Empire, specifically issued in 426 AD by Emperors Theodosius II and Valentinian III. This decree established strict rules for which legal scholars' writings could be cited as authoritative in court and how conflicts between these authorities should be resolved. More broadly, it represents the fundamental principle within any legal system that dictates which sources of law (such as statutes, previous court decisions, or scholarly works) are considered legitimate and how they should be used or prioritized when making legal arguments or decisions.

Here are some examples illustrating the concept:

• Historical Roman Context: Imagine a Roman judge in the 5th century AD presiding over a complex inheritance dispute. Lawyers for both sides present arguments, each citing different prominent jurists like Ulpian or Paulus to support their claims. If these jurists offered conflicting opinions on a specific point of law, the judge would consult the Law of Citations. This law specified that the opinions of five particular jurists (Papinian, Ulpian, Gaius, Paulus, and Modestinus) were authoritative. Furthermore, it stipulated that if these five disagreed, Papinian's opinion would prevail. If Papinian was silent, the judge could choose among the others. This decree provided a clear framework for the judge to determine which legal opinions were valid and how to resolve disagreements among them, ensuring consistency and predictability in legal decisions.

• Modern Precedent in Common Law: Consider a contemporary court in a common law country, such as the United States or the United Kingdom, hearing a case about a landlord-tenant dispute. The plaintiff's lawyer cites a decision from a higher appellate court that ruled in favor of a tenant in a very similar situation. The defendant's lawyer, however, cites a ruling from a lower court that favored a landlord. The principle of stare decisis (Latin for "to stand by things decided") dictates that the higher court's ruling is binding precedent on the lower court hearing the current case. While not called a "Law of Citations," this system functions similarly by establishing a hierarchy of judicial decisions, determining which legal sources (prior court rulings) are authoritative and how they must be applied, much like the Roman law established the authority of jurists' writings.

• Hierarchy of Laws in a Constitutional System: Suppose a city council passes a new ordinance requiring all businesses to close by 9 PM. A local business owner challenges this ordinance, arguing that it infringes upon their constitutional right to operate a business freely. In this scenario, the legal system has an established hierarchy of laws: the national or state constitution is generally considered supreme over local ordinances. This hierarchy dictates which legal source (the constitution) takes precedence over another (the city ordinance) in case of conflict. This system, like the historical Law of Citations, provides clear rules for which legal authorities are considered superior and how conflicts between different legal sources should be resolved, ensuring that fundamental rights and higher laws are upheld.