Dig. 1.1.7 (quoting Papinian) + Gaius Inst. 4.11-14 · Justinian's Digest / Gaius · Roman Empire
Roman Lawroman-lawRoman LawPraetor's edict as a source of law
Issue
Does the praetor have law-making power?
Held
Yes, the praetor does not legislate but creates remedies and introduces new actions for the public good.
Exam use
In an exam, introduce Edictum Perpetuum (Praetor's Edict) with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what Edictum Perpetuum (Praetor's Edict) decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in Praetor's edict as a source of law, then move quickly to analysis.
Summary
Edictum Perpetuum (Praetor's Edict) is included in the Roman Law case database because it gives students a concrete authority for Praetor's edict as a source of law. The reported citation is Dig. 1.1.7 (quoting Papinian) + Gaius Inst. 4.11-14, and the decision is associated with Justinian's Digest / Gaius. In revision, treat the case as a way to connect the legal issue to a real dispute rather than as an abstract rule. The key exam move is to state the holding, identify the fact pattern that made the rule matter, and then decide whether a new problem question should apply, distinguish, or limit the authority.
Facts
The material factual signal for Edictum Perpetuum (Praetor's Edict) is: The praetor annually announces the edict which sets out the actions he will grant. Students should read the linked source and turn that signal into a short fact table: parties, transaction or public-law setting, procedural posture, conduct in dispute, and the fact the court treated as decisive. This prevents vague case-dropping. In an answer on Roman Law, use the facts to explain why Praetor's edict as a source of law was live, then compare the problem facts against the facts in the case before stating any conclusion.
Procedural History
Edictum Perpetuum (Praetor's Edict) is reported as a decision of Justinian's Digest / Gaius. The procedural route should be checked against the linked source before formal citation. For study notes, record whether the decision was an appeal, judicial review, trial judgment, tribunal ruling, or constitutional/application proceeding, because that posture affects how confidently the rule can be used.
Issue
Does the praetor have law-making power?
Held
Yes, the praetor does not legislate but creates remedies and introduces new actions for the public good.
Ratio Decidendi
The praetor's edict is a living source of ius honorarium that supplements and corrects ius civile.
Obiter Dicta
Check the linked source for concurring, dissenting, or obiter observations before quoting this case. If the case includes non-binding reasoning, use it as persuasive support rather than as the core rule.
Reasoning
For reasoning, start with the ratio: The praetor's edict is a living source of ius honorarium that supplements and corrects ius civile. Then read the source and separate three things: the legal test, the facts used to apply that test, and any policy or institutional reason the court gave. This structure makes Edictum Perpetuum (Praetor's Edict) easier to use in essays and problem questions. In Roman Law, the case should be compared with related authorities on Praetor's edict as a source of law; if the jurisdiction, statute, or procedural posture differs from the exam problem, explain that limit explicitly instead of treating the authority as automatic.
Plain-English Explanation
Plainly, Edictum Perpetuum (Praetor's Edict) is a case to use when a Roman Law answer needs an authority on Praetor's edict as a source of law. Do not just list it. Explain the problem the court had to solve, the rule or holding it used, and the fact that made the result persuasive. That turns the case from a memorised name into evidence for your legal analysis.
Essay-Ready Explanation Generator
Version 1 of 4
Reference to Edictum Perpetuum (Praetor's Edict) (Dig. 1.1.7 (quoting Papinian) + Gaius Inst. 4.11-14) strengthens a Roman Law answer because the case reflects the principle that The praetor's edict is a living source of ius honorarium that supplements and corrects ius civile. Applied to a problem question, the case should be used after identifying the issue as Does the praetor have law-making power? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
roman-law
Roman Law
Praetor's edict as a source of law
case authority
exam application
Key Passages
Verify exact wording in the linked source before quoting.
Significance
Edictum Perpetuum (Praetor's Edict) is significant for LawConquer users because it supplies a named authority for Praetor's edict as a source of law in Roman Law. The case can anchor a paragraph, support a rule statement, or provide a contrast point when another authority points the other way. Its practical value is strongest when the student links the holding to the material facts and then explains whether the present problem is analogous or distinguishable.
Related Cases
No related cases listed.
Exam Tips
In an exam, introduce Edictum Perpetuum (Praetor's Edict) with the citation only if you can remember it accurately; otherwise use the case name and court, then focus on the rule and application. A strong answer should say what Edictum Perpetuum (Praetor's Edict) decided, why the facts mattered, and how the authority helps resolve the new facts. Avoid treating the case as a decorative reference. Use it to prove a doctrinal step in Praetor's edict as a source of law, then move quickly to analysis.
Revision Checklist
Name the issue before discussing facts so the marker sees the legal question immediately.
State the holding in one sentence, then use the ratio to explain why the court reached that result.
Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.
Problem Question Use
Use Edictum Perpetuum (Praetor's Edict) in a problem question by matching the factual trigger to the new scenario. If the fact pattern aligns with The praetor annually announces the edict which sets out the actions he will grant., apply the ratio and explain the likely result. If a crucial fact, jurisdiction, statute, or procedural posture differs, distinguish the case and use it as a boundary rather than a controlling answer.