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The evolution of legal procedures during the legal history of Rome -…
The evolution of legal procedures during the legal history of Rome
Introduction
Dominate: codification (Emperor Justinian)
Legal procedure functions
Efficiency
Transparency
Equality under the law
Common good
Principate: rise and peak (Emperor Augustus)
Republic (510-27BC) : creation (Aristocracy)
Defining legal procedure
Main Clauses
End of the Republic
Legis actio
Per formulam: 2C BCE -> developed by Augustus
Specialization
Stages (transparency)
Appointment of judge
Demonstratio -> presentation of the facts
Statement of claim
Judge condemns or absolves
Iner partes
No ritual basis
Republic
Legis actio
3 powers, but mostly controlled by the senate
Gaius vines example
Role of praetor increased
2-stage trial
Parties + praetor
Parties + judge
Principate
Cognitio extraordinaria
Expansion of cases
One-stage trial led by imperial officer
Erga omnes for efficiency
Main features
Literary production
Specialization
Promulgation of the law
Inquisitorial system instead of accusatorial
Dominate
Cognitio ordinaria
Influence of jurisprudence diminished
New conception of Power
Simplification
Codification and order
Conclusion
Search for common good
Creation -> peak and disorder -> codification and centralization
Basis for transparent legal procedures