Chapter

Dividing the Fictional 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/9780198264743.003.0008
Dividing the Fictional Day

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This chapter begins by examining the one-day rule, a supposed rule of the Twelve Tables that a civil suit was required to be completed in one day. Using the sources of Bethmann-Hollweg, Wenger, and Kaser, it implies that the rule would ensure that all issues and evidence were put to the judge in a single sitting, allowing him to develop the truest impression of the merits of the case. The chapter also discusses how certain aspects of diem diffindere are commonly understood in light of the one-day rule. The rule serves to explain both what diem diffindere means and how a judge's power to adjourn is constrained.

Keywords: Wenger; one-day rule; diem diffindere; Twelve Tables; Kaser; Bethmann-Hollweg

Chapter.  3507 words. 

Subjects: History of Law

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