engleski

„…et res periculosa est sub judice offenso litigare“ – Some Aspects of officium iudicis in Romano-Canonical Procedure

By these words („…et res periculosa est sub judice offenso litigare“) Bonaguida d’Arezzo, Summa introductoria super officio advocationis in foro ecclesiae I, 3, appealed to the attorneys coming before canonical judges to act reasonably and not to anger them by disrespectful pleading. Strong words, insults against the other party, commotion and unrest, were just some of the issues judges encountered in the courtroom while hearing the cases. In these paper it is investigated into the contents of officium iudicis in the sense of, in contemporary vocabulary, judicial ‘case management’ in the literature of early Romano- Canonical procedure. How the judges were expected to direct the process to swift resolution ; what were their duties, but also the duties of the advocates ; what were the judges authorized to do to discipline the advocates ; these and other questions are discussed on the basis of ordines iudiciarii.

officium iudicis ; Roman law ; canon law ; Romano-canonical procedure ; ordines iudiciarii

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