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Orthodoxy and the Courts in Late Antiquity$
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Caroline Humfress

Print publication date: 2007

Print ISBN-13: 9780198208419

Published to Oxford Scholarship Online: January 2008

DOI: 10.1093/acprof:oso/9780198208419.001.0001

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Late Roman Advocates

Late Roman Advocates

Chapter:
(p.93) 4 Late Roman Advocates
Source:
Orthodoxy and the Courts in Late Antiquity
Author(s):

Caroline Humfress (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198208419.003.005

This chapter explores the question of whether post-classical advocates influenced the development of late Roman law through their forensic pleading. Under the various late Roman civil cognitio procedures, advocates could be involved in every phase of the lawsuit, from the principium litis (including the registering of the case, the summons, the response of the defendant and the prescribing of the necessary cautiones), through the medium litis (formally encompassing the narratio of the plaintiff and the contradictio of the defendant before the judge) to the definitum negotium (the administration of proofs up to the definitive sentence). If appointed, defence advocates would also be at hand throughout a public/‘criminal’ trial.

Keywords:   post-classical advocates, forensic pleading, cognitio, late Roman law, Roman Empire

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