AG 105 Lecture Notes - Codex Hermogenianus, Jus Gentium, Twelve Tables
9 Aug 2020
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The law of the twelve tables (451 bc: origin of rome = 753 bc (romulus and remus legend, during that period: city ruled by kings, at the end of the 6th century bc (500) = republic. Law enforcement had to be left to parties" initiative. Tradition = important for roman society: skeptical about changes, would interpret the law differently in order to not have to change the law. The praetor and the control of remedies i. Two stage process saves time cuz praetor can deal w/ cases while iudes rules. The praetor and the control of remedies ii: prator has large degree of latitude in determining situation where he could draft formula for the parties, free in regard to the wording of the formula. In decision of drafting formula for party: praetor had to keep in mind if the party in question had interest protected by law.
