HIST-1107EL Study Guide - Quiz Guide: Herennius Modestinus, Casuistry, Ulpian
5 Dec 2020
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Magistrates, especially praetor urbanus who were responsible for the development of roman law. Like the priests before them, the praetor"s sought to expand the application of the ius civile via broad interpretations. When a dispute arose for which there was no legis actio, praetor often allowed case anyway. Grant either: actio utilis or actio in factum. Actio utilis: permission for case that"s similar to one already in ius civile. E. g. right to alien granted for cases only allowed for citizens. Actio in factum: legal remedy granted ad hoc by the praetor in a specific case on basis of actual facts. 72 legal change and the fiction of immutability. Praetor couldn"t change law, but responsible for correct and effective application. Praetorian law is that which in the public interest the praetors have introduced in aid or supplementation or correction of the ius civile. ". Notion was retained, even though it was fiction.
