Jus Honorarium

The body of Roman law, which was made up of edicts of the supreme mag^istrates, particularly the praetors.

In Civil Law. A name applied to the prtetorlan edicts and also to the edicts of the curule wdiles, when on certain occasions they were published. Inst. 1, 2, 7. This system of law was simply the usual development of an expanding and elastic jurisprudence, which naturally resulted from the Increase in Rome of population and power, and the greater complication of her civilization; Howe, Stud. Civ. L. 10; it was spoken of as having a distinct place by the side, and as the complement, of the jus civile; Sand. Introd. Inst. Just. xxl. ' It was a system of judge-made law (q. v.) in the proper sense. Its vigorous deveiopment was coincident with the formulary procedure, which was well adapted to give it scope and effect; Sohm, Introd. Rom. L. 178. Its place and function in the Roman jurisprudence are thus described: “The praetorian law, being a law made by ofiiciuls, 'jm honorarium,' was opposed to the jus civile, i. e. law, in the strict and proper sense of the term, the law made by the people, developed by popular enactments and popular customs. Thus both the jus civile apd the jus honorarium contained elements of jus gentium, but in the jus honoranum, the influence of the jus gentium predominated. The prjetorian edict was, in the main, the instrument by means of which the free principles of jus oequum gained their victory over the older jus strictum. Though at first the edict may merely have served the purpose of giving fuller effect to the jus civile, and then of supplementing the jus civile, nevertheless, in the end, borne along by the current of the times, it boldly assumed the function of reforming the civil law.” Id. 64. See Judex; PHiKTOB. All magistrates of elevated rank possessed the power of legislating, “jus edicendi,” with regard to such matters as fell within their jurisdiction, and the body of rules so established was termed jus honoranum. But as the jus prc Btorium forms so important a part of it, the term jus honorarium is often restricted to the jus prastorium.

The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the pretors.