РОЛЯТА НА RESPONSA НА РИМСКИТЕ ЮРИСТИ В DISPUTATIO FORENSIS В РИМСКАТА ГРАЖДАНСКА ОБЩИНА ПРЕЗ V–I В. ПР.Н.Е.
ROLE OF RESPONSA BY ROMAN JURISTS IN DISPUTATIO FORENSIS OF ROMAN CIVIL COMMUNITY DURING V-I BC

Summary/Abstract: The article notes that according to Pomponius after the year 280 BC due to Tiberius Coruncanius Roman jurists began to give answers publicly on the Roman forum. The same Pomponius says about the custom of jurists discuss the Law in the forum, which existed already in the V century BC. These public discussion of the law projects, of candidates for magistratus and judicial incidents took place at three folk gatherings (contiones) in the period of trinundinum - three market days or «30 legitimate days» (XXX iusti dies), specially allocated for such a discussion. Roman jurists on such contiones gave their concerted answers which have the force of law. In the archaic period these were the answers of priests (pontiffs, augurs and fezials), in whose hands was the whole law. In the II-I centuries BC. in connection with the development of secular jurisprudence, the role of the plebeian tribunes guide discussions on folk gatherings and, accordingly, of the plebeian jurists - Roman horsemen – was increased. The author also notes that the most important information about disputatio forensis of jurists contained in the treatises of Cicero and Quintilian about the oratory. In conclusion, a conclusion is made that the Roman jurisprudence developed not in the quiet of libraries and offices of scientists, but in stormy discussions of the Roman forum.

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