362 HARVARD LAW REVIEW jurisconsulti, up to the reign of Augustus, had apparently the right to give responsa, but a responsjim would not be binding upon a jtidex by positive law. Were these responsa regarded as practically binding even though they had no formal legal sanc- tion? What was the object and effect of the legislation of Augustus which is referred to by Pomponius? Was Augustus attempting to give a monopoly to the jurisconsulti who had obtained authority from himself, to render opinions which should be bind- ing upon the judex; or was he trying to strengthen the position of the jurisconsulti by compelling the jtidex to follow the opinions of those to whom such authority was given? The text of Pom- ponius reads as if such authority were permissive only; as if no attempt was made to pievent jurisconsulti who had not obtained such authority from giving responsa. Was the jus respondendi given to a very few of ihe jurisconsulti or was it given to any one who had demonstrated an adequate knowledge of the law? Be- tween the legislation of Augustus and the legislation of Hadrian was the judex bound to follow the responsum of a jurisconsultus to whom the Emperor had given authority to give responsa? What was the object of the legislation of Hadrian? Was it to make the responsum of the authorized jurisconsultus binding upon the judex in that particular case; or was it intended to make all responsa of all authorized jurisconsulti precedents which must be followed by the judex except when there was a conflict of author- ity? If we select the proper expressions of opinion from the different historians, we can see the jurisconsultus on the one hand as devoid of oflBicial position and of power to give responsa which should be binding upon the judex down to the reign of Hadrian, and we can then see that his responsa are binding only in the particular case in which they are given. By a similar selection of other expressions of opinion we can see a jurisconsultus who from the time of Augustus had power, if authorized by the Em- peror, to give responsa which were binding upon the judex; and who had power from the time of Hadrian to give responsa which should amount to precedents and which should be binding in all future cases. ^^ If the jurisconsultus could render responsa to the ^ For the final breakdown of responsa see Erwin Grueber " The Decline of Roman Jurisprudence," 7 L. Quart. Rev. 70. For legislation which attempted to fix absolutely the rank and authority of juristic
