Digest IX. 2; Lex Aquilia

 
9781235789755: Digest IX. 2; Lex Aquilia
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1898 Excerpt: ... AD LEGEM AQUILIAM. D. ix. 2. 1. Ulpianus libro octavo decimo ad edictum Lex Aquilia omnibus legibus quae ante se de damno iniuria locutae sunt derogavit, sive duodecim tabulis, sive alia quae fuit; quas leges nunc referre non est necesse. 1. Quae lex Aquilia plebiscitum est, cum eam Aquilius tribunus plebis a plebe rogaverit. 1. The Lex Aquilia was a partial repeal of every statute which before it dealt with illegal damage, whether it were the Twelve Tables or any other enactment; which statutes need not now be rehearsed, 1. The Lex Aquilia is a plebiscite, Aquilius, a tribune of the plebs, having moved it before the plebs. 1. pr. Ante se. i.e. before the statute itself. For an argument founded on the use of this pronoun see App. I. Derogavit. This word is commonly taken to imply that the lex Aquilia was a total repeal of all previous legislation on the subject of damage to property; but there is the best possible evidence that derogare means partial repeal (Ulp. fr. pr. 3: D. 50. 16. 102: Cic. Rep. 3. 22), and it is also clear that the repeal in this case was not total (D. 12. 2. 28. 6: 47. 7. 1). There is however some difficulty arising upon this passage, for which see App. I. Quas leges. This clause is, I believe, generally supposed to express the logical result of what precedes, and the word 'therefore' is introduced at the beginning; the whole being then used as a further argu ment in favour of total repeal. (See G. 1.) But no such word is given or implied in the text. Ulpian often uses the relative pronoun in this way in making independent statements, as in the very next sentence. What he here says seems to come to this: the lex Aquilia put out of court a good deal of previous legislation; as for what the old laws consisted of, that is a questi...

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Monro, Charles Henry
Published by General Books LLC (2012)
ISBN 10: 1235789756 ISBN 13: 9781235789755
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