Chapter

Granting a Trial for the Third Day

Ernest Metzger

in A New Outline of the Roman Civil Trial

Published in print November 1997 | ISBN: 9780198264743
Published online March 2012 | e-ISBN: 9780191682780 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264743.003.0003
Granting a Trial for the Third Day

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This chapter attempts to refute Rodger's explanation of intertium concerned with granting trials. The discussion of Rodger's theory gives special attention to his conclusions on the order of the subjects in the statute. In terms of syntax, this chapter attempts to examine the phrase in tertium dare as an adverbial phrase as proposed by Rodger. It then looks at the shortcomings in the plan of chapter 84 and the one-to-one relation that Rodger observes between chapter 84, lines 23–8, and chapters 85–90. The main problem is that the plan does not accurately predict the contents of the chapters. The plan also has flaws in the order of events, the different classes of magistrate, and omissions form the list.

Keywords: intertium; Rodger; in tertium dare; adverbial phrase; Rodger's theory; order of events; magistrate; omission; trials

Chapter.  6293 words. 

Subjects: History of Law

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