How did praetorian edicts create the jus honorarium?
In Roman law, the jus honorarium was the body of law established by the edicts of magistrates, primarily the praetors and curule aediles.1
The praetor, a judicial officer in ancient Rome, played a critical role in this development by issuing an edict at the beginning of his term. This edict outlined the procedures and legal principles by which the magistrate intended to be guided during his tenure. While the praetor was originally free to set these terms, he became legally bound to follow his published edict starting around 67 BCE.2
Over several centuries, these edicts were modified and refined, serving as a vital mechanism for adapting rigid Roman law to new social conditions, equity, and the principles of good faith. By functioning as a flexible alternative to the formalistic jus civile, the praetorian edicts allowed magistrates to address cases involving both citizens and foreigners, effectively molding the legal system to meet the practical needs of a growing empire. This process continued until the 2nd century CE, when the emperor Hadrian codified these practices into a "perpetual edict," by which time the emperor had already begun to circumscribe the independent jurisdiction of the praetors.23