Litigation in Roman Law
Modern accounts of how the classical Romans sued each other tend to show the opponents willingly working together under the guidance of a magistrate, until their case was ready for trial. The parties found a convenient time to make their first appearance, at which time they decided on the details of their case, selected a judge, and received permission to go to trial. If any delay were necessary, the magistrate helped the parties in their arrangements to return. This picture is unrealistic: it presumes a high degree of cooperation between the parties, the personal stewardship of a magistrate, and the ready availability of a judge. This accepted picture emerged over time from a tiny amount of evidence. Justinian had no interest in preserving evidence on classical procedure, and subsequent generations of jurists often did not regard rules of procedure as worthy of interest. Recent years, however, have brought a flood of new evidence on classical Roman legal procedure.Metzger examines this evidence, painting a picture of litigation that is far less polite and far less orderly. He examines how the rules of procedure coped with the typical pretrial delays that the Roman system, and indeed any legal system, faces.
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acceptilatio accompanying text action administering justice Alfenus Arangio-Ruiz argument Bethmann-Hollweg Bove Camodeca causa Cicero cited Cloud cognitor court defendant described discussed dispute duumvir edict Eumenes evidence exceptio extra-judicial vadimonium fact Fliniaux Gaius Gallia Cisalpina give grant intertium Herculaneum Huschke ibid idem iniuria internum intertium denuntiare Intertium—und kein Ende iudicium iure ius vocatio judge jurisdiction Kaser/Hackl Ladungsvadimonium lawsuit Lenel Lex Irni lex Irnitana litigants litis contestatio magistrate magistrate's Metzger missio monium Naevius Norr parties Pauly-Wissowa penalty Petronia Iusta plaintiff Platschek Praetor procedure processo di Giusta promise to appear Puteoli Quinct Quinctius recording refer restitutio Rodger Roman Roman Law Roman Litigation Rome romischen scriptura interior sesterces Stipulatio stipulation suggests suit summons Tabulae Herculanenses Tabulae Pompeianae Sulpiciorum taxatio Testatio vadimonii Thoughts on vadimonium three-day postponement TPSulp trial Ulpian Urkundenfund vadimonia vadimonium documents Vadimonium factum vadimonium to Rome Verweisungsvadimonium vindex Wlassak Wolf ZSS rom