Praetor's Edict

The Praetor's Edict (Edictum praetoris) in ancient Roman law was an annual declaration of principles made by the new Praetor urbanus – the elected magistrate charged with administering justice within the city of Rome. During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum.

The incoming Praetor by his Edict laid out legal principles he intended to follow when making judicial decisions during his year in office. To some degree the new Praetor had sufficient discretion to modify the existing Edict of the former Praetor. Many years the new Praetor would simply adopt and so continue the contents of Edict he "inherited" from his predecessor.

Praetors often did not possess any special expertise in law, but rather were successful politicians. So, in deciding whether or not to augment or otherwise modify the Edict, the new Praetor would usually consult with Roman jurists who were familiar with the applicable areas of the law, and who knew the emerging currents of legal change. Language from the responsa of these Roman scholars of jurisprudence often found its way into the Edict.

The Praetor's Edict had legal force only during the incumbency of the particular Praetor who issued it. Yet, as the pre-existing contents of the ongoing Edict were generally adopted by next Praetor, the Edict attained substantial continuity, subject to marginal changes. On the other hand, the yearly changes usually resulted in welcome legal innovations. With the accretion of annual modifications, the document grew in stature, as well as in size, scope, and reach; it became a primary source of legal growth and evolution. In 67 BCE, a lex Cornelia de edictis passed, which required the Praetor to abide by his own Edict.

The reconstructed Edict we have today is divided into five parts: I preliminary procedures, II ordinary remedies, III summary remedies, IV execution of judgment, V formulas, interdicts, exceptions, stipulations. Also the Edict has 45 titles, with some subdivisions, and 292 paragraphs. Many paragraph entries contain only the subject matter addressed, without any of its substance (which is unknown to us). While much is considered authentic, uncertainties and unresolved disputes remain for further study. Much is missing.

Several miscellaneous examples taken from the reconstructed Edict:

"Persons under twenty-five years old. Whatever is said to have been transacted with a person less than twenty-five years old, I shall consider each case on the basis of its particulars." Paragraph 41, in the first part, from title X "Restorations to Original Status".

"Whence anything is thrown out or is poured out onto that place where commonly is made a road or where persons assemble I shall grant an action, for twice as much damage as thereby is caused or done against the person who dwells there." From paragraph 61, in the second part, from title XV "Those Goods That Are in Anyone's Property".

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