Legal Definitions - placitum

Placitum is a historical legal term, primarily used in Roman law and early European legal systems, that referred to various facets of legal and governmental authority. It broadly encompassed:

• Official Decrees: A formal law or constitution issued by a sovereign ruler, such as a Roman emperor.
• Judicial Decisions: A judgment or ruling handed down by a court or tribunal.
• Legal Bodies or Proceedings: The court itself, a judicial tribunal, or the entire legal proceeding or trial conducted before it.
• Formal Statements or Penalties: A formal pleading or argument presented in court, or a fine or monetary punishment imposed by a legal authority.
• Documented Rulings: A specific section within a legal text or record that separately outlined the key point decided in a particular case.

Here are some examples illustrating the historical use of placitum:

• Example 1 (Official Decree): During the reign of Emperor Theodosius, a new law was promulgated across the Roman Empire standardizing certain aspects of inheritance. This imperial edict, being a formal law issued by the sovereign, would have been referred to as a placitum.

  Explanation: This example illustrates placitum in its sense of an "official decree" or "imperial constitution," a formal law issued by a supreme ruler.

• Example 2 (Judicial Decision and Proceeding): In a medieval English shire court, a dispute arose between two landowners over grazing rights. After hearing testimony and arguments from both parties, the presiding sheriff delivered a judgment in favor of one landowner. The entire court session, including the arguments presented and the final ruling, could collectively be described as a placitum.

  Explanation: Here, placitum refers to both the "judicial proceeding" (the court session and arguments) and the "judicial decision" (the sheriff's final judgment) that resolved the land dispute.

• Example 3 (Formal Statement and Documented Ruling): A historical legal manuscript from the 13th century details a case where a defendant presented a formal defense against an accusation of theft. The document then includes a distinct paragraph outlining the court's decision to impose a specific monetary fine as punishment. Both the defendant's formal defense and the separate paragraph detailing the court's decision and the fine would be considered a placitum.

  Explanation: In this scenario, the defendant's formal defense represents a "formal statement" or "pleading." The monetary fine imposed is a "pecuniary punishment," also a form of placitum. Furthermore, the specific paragraph in the manuscript summarizing the court's decision and the fine exemplifies placitum as a "documented ruling" within a legal text.