Roman Law: Ius Civile and Ius Honorarium

Ius Civile and Ius Honorarium

The Ius Honorarium, also known as Honorarium IUS, refers to the body of law created by the Praetor and other judges. This system prompted the Ius Civile to adapt to the evolving social and legal landscape of Rome. The Honorarium IUS is rooted in the potestas of the Roman magistrate, stemming from the edicts of judges, particularly the Praetor.

In contrast, the jus civile is a legal framework that primarily regulates relations between cives (Roman citizens). Originating in ancient Rome, it was initially known as IUS QUIRITARIUM, the right of the Quirites, the first inhabitants of Rome.

The Antagonism Between Ius Civile and Ius Honorarium

The tension between ius civile and Ius Honorarium arises from legal, political, and practical considerations. The Praetor intervenes to correct the Ius civile when necessary. Classical jurists, like Cicero, viewed the IUS praetorium as a supplement to the IUS civile. Its function was to correct, supplement, and contribute to the development and application of the Ius civile, which was the Ius legitimum derived from the Leges publicae Romani and later from plebiscites.

The Praetor could not alter the Ius civile directly but could adapt it to social changes, creating more equitable solutions (IUS aequum). GAYO believed that the strict application of Ius civile could lead to inequity, which the AEQUITAS praetor could rectify. Lauria noted that Pretoria protection was procedural, not changing the nature or origin of civil institutions but modifying some of their consequences.

The Evolution of Ius Honorarium

KIPP states that magistrates later compiled trends from case law and daily practice into their edicts. This practice gave the IUS CIVILE the ability to develop new legal principles or rules, which were then included in new edicts. Thus, the praetorian or edictal law was a reworking of practice and jurisprudence, creating new legal principles that became part of the IUS CIVILE and Ius Honorarium. Although the distinction between the two was always present in the minds of the Romans, in practice, it became less relevant over time with the appearance of rescripts.