Principle and Pragmatism in Roman Law
Principle and Pragmatism in Roman Law

Author: Benjamin Spagnolo

Publisher: Bloomsbury Publishing

Published: 2020-11-12

Total Pages: 224

ISBN-13: 1509938974

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This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

Principle and Pragmatism in Roman Law
Principle and Pragmatism in Roman Law

Author: B. J. Spagnolo

Publisher:

Published:

Total Pages: 0

ISBN-13: 9781509938988

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"This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays -by eminent as well as emerging academics - will stimulate debates and shed new light on this topic, and will be of interest to both scholars and students of Roman law"--...

Principle and Pragmatism in Roman Law
Principle and Pragmatism in Roman Law

Author: Benjamin Spagnolo

Publisher: Bloomsbury Publishing

Published: 2020-11-12

Total Pages: 251

ISBN-13: 1509938966

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This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

The Principles of Roman Law and Their Relation to Modern Law
The Principles of Roman Law and Their Relation to Modern Law

Author: William Livesey Burdick

Publisher: The Lawbook Exchange, Ltd.

Published: 2004

Total Pages: 770

ISBN-13: 1584772530

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Burdick, William L. The Principles of Roman Law and Their Relation to Modern Law. Rochester: The Lawyers Co-operative Publishing Co., [1938]. xxi, 748 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 20020254946. ISBN 1-58477-253-0. Cloth. $110. * General survey of the principles of Roman law as they have developed over time with respect to their place in civil law, English common law and the American and Canadian legal systems. Contents include "The World Wide Extension of Roman Law," "The Civil Law in the United States and Canada," "Outlines of Roman Law History," "The Corpus Juris Civilis," "The Law of Persons including Marriage, Husband and Wife, Divorce, Parent and Child, Guardian and Ward," "The Law of Property," "The Law of Obligations," "The Law of Succession," "The Law of Actions" and "The Law of Public Wrongs." A solid introduction to the subject of Roman law and its application in personal and family law in subsequent legal systems.

Medicine and the Law Under the Roman Empire
Medicine and the Law Under the Roman Empire

Author: Claire Bubb

Publisher: Oxford University Press

Published: 2023-05-11

Total Pages: 461

ISBN-13: 0192653792

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What happens when we juxtapose medicine and law in the ancient Roman world? This innovative collection of scholarly research shows how both fields were shaped by the particular needs and desires of their practitioners and users. It approaches the study of these fields through three avenues. First, it argues that the literatures produced by elite practitioners, like Galen or Ulpian, were not merely utilitarian, but were pieces of aesthetically inflected literature and thus carried all of the disparate baggage linked to any form of literature in the Roman context. Second, it suggests that while one element of that literary luggage was the socio-political competition that these texts facilitated, high stakes agonism also uniquely marked the quotidian practice of both medicine and law, resulting in both fields coming to function as forms of popular public entertainment. Finally, it shows how the effects of rhetoric and the deeply rhetorical education of the elite made themselves constantly apparent in both the literature on and the practice of medicine and law. Through case studies in both fields and on each of these topics, together with contextualizing essays, Medicine and the Law Under the Roman Empire suggests that the blanket results of all this were profound. The introduction to the volume argues that medicine was not contrived merely to ensure healing of the infirm by doctors, and law did not single-mindedly aim to regulate society in a consistent, orderly, and binding fashion. Instead, both fields, in the full range of their manifestations, were nested in a complex matrix of social, political, and intellectual crosscurrents, all of which served to shape the very substances of these fields themselves. This poses forward-looking questions: What things might ancient Roman medicine and law have been meant or geared to accomplish in their world? And how might the very substance of Roman medicine and law have been crafted with an eye to fulfilling those peculiarly ancient needs and desires? This book suggests that both fields, in their ancient manifestations, differed fundamentally from their modern counterparts, and must be approached with this fact firmly in mind.