Brill’s New Pauly

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Arbiter
(343 words)

[German version]

seems to have originally meant the one who goes there (ad baetere), and therefore refers to the person who rules in a dispute by looking closely at it in contrast to the iudex judging purely according to a petition. An arbitrator of this kind, with knowledge of the facts, was especially necessary in actions for partition, which instead of being aimed at a conviction or acquittal were aimed at a legally operative allocation ( adiudicatio ). However, this distinguishing feature between arbiter and iudex was already becoming increasingly vague in the law of the Tw…

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Paulus, Christoph Georg (Berlin), “Arbiter”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 08 May 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e131700>
First published online: 2006
First print edition: 9789004122598, 20110510



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