The Development of the Praetor's Edict

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Abstract
So much has been written on even the most minute problems of Roman Law that it is surprising to find topics of fundamental importance which have been generally neglected. But such a one is the course of development of the praetorian Edict—perhaps the most important source of Roman law—despite the broad studies of Dernburg and Kelly. Two primary difficulties face any attempt to reconstruct the course of development of the Edict. The first is the extreme rarity of positive or virtually positive dates for the introduction of individual edicts. In fact there are only four. The edictum de hominibus armatis coactisve et vi bonorum raptorum was introduced by M. Lucullus who was praetor peregrinus—not praetor urbanus—in 76 B.C. The edictum de dolo was the work of Aquilius Gallus who was a praetor in 66 B.C. An edict on metus was issued almost certainly by the Octavius who was consul in 75 B.C. and hence praetor not later than 78. It is noteworthy that all positive dating for these three edicts comes from Cicero.

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