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Praetor's Edict : ウィキペディア英語版
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.〔Such Edicts were also issued by the ''Praetor peregrinus'' and by the Aediles.〕 During the early Empire the Praetor's Edict was revised to become the Edictum perpetuum.
==Legality==

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.〔Fritz Schulz at 53.〕
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 BC, a ''lex Cornelia de edictis'' passed, which required the Praetor to abide by his own Edict.〔Adolph Berger at 549.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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