IUS PUBLICE RESPONDENDI EX AUCTORITATE PRINCIPIS
IUS PUBLICE RESPONDENDI EX AUCTORITATE PRINCIPIS

Summary/Abstract: The importance and the existence of ius publice respondendi ex auctoritate principis is one of the mysteries that do not have answers in the history of the Roman law. August created (according to Pomponius in D.2.2.2.48–50) this right as a privilege (beneficium), but its later development is far away from the initial intention of this emperor. The scientists admit its particular importance for the history of the Law at the beginning of the Principate, but also they do admit that there are a lot of controversial problems and doubts regarding its essential importance of the ius respondendi in the period of August, Hadrian and Justinian. Even in the modern Roman literature exist a lot and different opinions on this question. The common opinion is that August gave this right as a privilege to famous jurists with an aristocratic origin, but not the right to create norms which are compulsory and which bound the judges when they have to take a decision resolving the legal disputes. This article presents ius publice respondendi ex auctoritate principis as a remedy for the realization of the policy of Augustus to attract more famous and glorious lawyers in the power and to assure their support for his reforms.

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