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In Roman law, ius singulare (Latin, "singular law") was a special law that applied to a certain class of persons, such as soldiers or minors, or to an individual, in contrast to ius commune civium Romanorum, the law in common to all Roman citizens.^[1] In effect, ius singulare was "a technique for incorporating new rules without having to change the old ones."^[2]

Ius singulare generally conferred an advantage to the group or individual singled out.^[3] In early Rome, privilegium was a legal enactment that might disfavor an individual or group (the privilegiarii), but in the Imperial era privilegium came to mean "privilege" and was sometimes used as a synonym of ius singulare.^[4]

As an example, military campaigning removed personnel from circumstances in the city of Rome that facilitated the procedures for drawing up a last will and testament. They were therefore exempt from the usual requirements, and wills written on the eve of battle could be held as valid.^{[citation needed]}

A ius singulare was meant to advance the public interest as a matter of utility. It required deft jurisprudence that preserved the norms of ius commune so that the exception did not become the rule,^[5] with a clear understanding that the ius singulare was contra rationem, contrary to standard legal reasoning and thus not precedent.^[6] The principle of ius singulare was one of several techniques, among them a plethora of legal fictions, that enabled Roman law to evolve flexibly without overturning its authoritative texts or challenging the fundamental traditionalism of Roman society.^[7]

References

^ Berger, Adolf (1968). Encyclopedic Dictionary of Roman Law. unknown library. American Philosophical Society.
^ Stagl, Jakob Fortunat (2023-03-06), "Favor libertatis: Slaveholders as Freedom Fighters", Favor libertatis: Slaveholders as Freedom Fighters, De Gruyter, p. 223, doi:10.1515/9783110987195-008/html, ISBN 978-3-11-098719-5, retrieved 2024-04-29
^ Berger 1968, p. 533s.v. ius singulare
^ Berger 1968, p. 651s.v. privilegium
^ Stagl 2023, p. 222.
^ Stagl 2023, pp. 222–223citing Digest 1.3.15
^ Stagl 2023, pp. 234–235.