The Role and Functioning of the Praetorship

[Primus Aurelius Timavus]

EX DOMIBUS PRIMI AURELII TERGESTI PRAETORIS ET P. DIONYSII MURIS PRAETORIS, SODALIBUS S.P.D.

Edictum Praetoris de Actionibus

The praetores serve principally to resolve disputes between citizens of SVR, between a citizen (or citizens) and a magistrate operating in his or her official capacity, and between magistrates. They also serve as ombudsmen. They are the magistrates who can fix problems and make ordinary citizens heard by bypassing the bureaucracy or by dealing with problems outside of it.

The praetores emphasize the use of mediation and arbitration to resolve disputes. They generally rule on a question after the parties have made an attempt to resolve it themselves.

Mediation is direct interaction between the parties with a praetor acting only as a facilitator. Arbitration involves both parties making a case with the praetor having the power to decide the question. The praetor is not, however required to find in favor of one party or the other but may require a third solution of his own devising. Praetorial arbitration is binding, except that each citizen has the right to appeal the praetor's decision to the Comitia Generalia (the right of provocatio).

The praetores will resolve disputes as follows:

One of the praetors will be assigned as lead in the case. He or she will then take statements from the parties, publish a call for any witness statements or 'amicus curiae' briefs, and review all of the parties' past postings to see whether there are any antecedents.

The lead praetor will then pass all of the information that he has gathered to his colleague. The lead praetor will then make and publish his decision on the matter. His colleague may then veto the decision. The two praetores may then attempt to resolve their differences collegially. If no agreement is reached between the praetores, the veto stands. Either the lead praetor's original decision or the veto may be appealed to the Comitia Generalia by invoking the right of provocatio.