Brill’s New Pauly

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Liquet
(148 words)

[German version]

In contrast to the right to have recourse to a court that is guaranteed by modern constitutional law, the judge in (Classical) Roman antiquity was allowed to declare that he considered himself unable to come to a decision: rem sibi non liquere (Gell. NA 14,2,25) when he could not condemn or acquit according to procedural formula ( formula ). If he swore an oath to this effect, the parties could have the same legal dispute heard by another judge. The same applied to an arbiter (Dig. 4,8,13,3) appointed by a private arbitration agreement and to courts composed of s…

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Paulus, Christoph Georg (Berlin), “Liquet”, 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 10 April 2021 <http://dx.doi.org/10.1163/1574-9347_bnp_e706240>
First published online: 2006
First print edition: 9789004122598, 20110510



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