These types, so slender and technical, had been, in the midst of progress, abolished, in order to enlarge legal treatments. There was given to the praetor urbanus authority to devise new rules and orders applicable to particular instances which may be introduced before him. In this fashion, by way of the jurisdiction of the praetor urbanus, new actions, implementing claims not earlier than recognized by the law, and new rules of regulation relevant to the altering needs of society, had been established. But the new cures were made to take the type of these which had been lengthy noticed; and thus progress was made to evolve to the Roman spirit of conservatism. By this practice, the pretor would appear to the suitors to be ruled by pre-established general guidelines, and not to be influenced by the special interests of any particular case.
These continuous edicts had authority solely through the 12 months of the pretor who declared them. But in time, successive pretors got here to adopt, in their very own edicts, the foundations declared by their predecessors. In this fashion, a body of edictal law turned as properly established and as authoritative as if it had received the categorical sanction of optimistic legislation. He additionally, in sure cases, handed edicts, ordering particular issues to be produced or restitution of them to be made. These acts of the pretor might be last, or merely preliminary to further proceedings, during which the rights of the parties would be settled. Common-regulation wives … Read More
