The phrase "source of law" is used in a number of different senses which will be found discussed in works on Jurisprudence. In the sense in which it is used here it means a method by which new rules of law can come into existence. The corresponding sources at Rome during the republic were: Lex and plebiscitum, interpretatio, edicta magistratuum and custom.
- Lex and plebiscitum
Lex was strictly an enactment of the comitia, either the centuriata or the tributa (1), while plebiscitum was one passed by the concilium plebis. As soon, however, as its enactments had been put on a level with those of the comitia, the concilium plebis became the usual organ of legislation, and laws passed by it were frequently called leges. This practice indeed was so common, even among lawyers, that it can hardly be called incorrect.
