Journal of Modern Science (Oct 2018)

Non … delinquere eum, qui in dubiis quaestionibus contra fiscum … responderit. About freedom of speech of lawyers

  • Bronisław Włodzimierz Sitek

DOI
https://doi.org/10.13166/jms/95078
Journal volume & issue
Vol. 38, no. 3
pp. 151 – 162

Abstract

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Objectives The subject of this study is the analysis of the text of Modestinus D. 49.14.10. This is an excerpt rarely interpreted by Romanists. The aim of this analysis is to show its significance for the author, Justinian compilers and contemporary romanists. Material and methods The implementation of this goal is achieved through the application of the legal-historical and dogmatic analysis of this text. The most important, however, is the analysis of the original location by Modestyn. This will allow to show the meaning that the author gave him. Results The result of these interpretive procedures is the demonstration that for Justinian an compilers it was a text guaranteeing the freedom of oral and written expression of advocates or trial lawyers in the judicial proceeding against the tax office. Conclusions Thus, the fragment of Modestinus became an archetype of modern lawyer's immunity, consisting in the possibility of free discussion and argumentation during court hearings and in legal opinions.

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