on Plautius: The authority here was that of jurists qua jurists, not of judges qua judges. The conclusive text is D. .. from Julian’s Digest, book .: No argument to the contrary can be drawn from Javolenus’ Digest . pr. on the famous case of Licinia’s dowry where the position of Publius Mucius was treated as authoritative. Even if Olga Couperus-Tellegen117 is correct that Mucius was judge in a formulary process, not as a speaker in a debate in the Senate, the acceptance of his opinion would depend on his fame qua jurist. I have said enough on Roman law for this lecture. But the issue of the relationship and authority of the relationship in law is everywhere. Answers are numerous, even within one system. Here l will give only a few examples to indicate some the issues.118 First, England. Edward Coke, in the Epilogue, A to his First Part of the Institute of the Laws of England, book (), purports to address students and writes: Thus, the law is authoritative, but to know the law one must know the rationale. Yet until recently it was forbidden to refer in court to the debates in Parliament. So how could barristers bring the rationale of The law is unknown to him that knoweth not the reason thereof and the knowne certaintie of the law is the safetie of all. 117 ‘The Role of the Judge in the Formulary Procedure,’ 22Journal of Legal History, (2001), pp. 1ff. Certainly jurists will at times have acted as judges, and their decisions could be treated as generally legally important, but this would be because they were jurists. I agree also that an interesting lawsuit could heighten juristic attention to the legal issues. 118 For a discussion of the authority of various juristic writings in 18th century Italy see Alan Watson, Sources of Law, Legal Change, and Ambiguity (Philadelphia, 1984), pp. 52 ff. We should certainly not change points which have always had a single definite interpretation. And therefore, as to matters on which decisions of first impression have been made, more exact provision must be made either by interpretation or by a legislative act of our most excellent emperor.
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