Jurists and Legal Science in the History of Roman Law (Routledge-Giappichelli Studies in Law)

This book provides a new approach to the study of the History of Roman Law. It collects the first results of the European Research Council Project, Scriptores iuris Romani - dedicated to a new collection of the texts of Roman jurisprudence, highlighting important methodological issues, together with innovative reconstructions of the profiles of some ancient jurists and works. Jurists were great protagonists of the history of Rome, both as producers and interpreters of law, since the Republican Age and as collaborators of the principes during the Empire. Nevertheless, their role has been underestimated by modern historians and legal experts for reasons connected to the developments of Modern Law in England and in Continental Europe. This book aims to address this imbalance. It presents an advanced paradigm in considering the most important aspects of Roman law: the Justinian Digesta, and other juridical late antique anthologies. The work offers an historiographic model which overturns current perspectives and makes way for a different path for legal and historical studies. Unlike existing literature, the focus is not on the Justinian Codification, but on the individualities of ancient Roman Jurists. As such, it presents the actual legal thought of its experts and authors: the ancient iuris prudentes. The book will be of interest to researchers and academics in Classics, Ancient History, History of Law, and contemporary legal studies. Cover Half Title Title Page Copyright Page Table of Contents Abbreviations Contributors Preface Part I: Methods and Paths Chapter 1: Singularity and Impersonality in the Thought of Roman Jurists 1: Our project 2: From Code to jurists 3: Singularity and impersonality 4: The authoriality of Roman jurists Chapter 2: Stories of Legal Dogmas, Stories of Roman Jurists: An Uncompleted Transition 1: Continuity and abstractions 2: The history of jurists as ‘external’ history 3: Singularity denied 4: Individualizing studies 5: Fritz Schulz: autonomy and unity of iurisprudentia 6: The study on the jurists 7: The historiography on Roman legal thought at the end of the twentieth century Chapter 3: ‘Kunstgeschichte’ and ‘Künstlergeschichte’. The Problem of Literary Genres in the Roman Legal Literature 1: An inescapable turning point: on Fritz Schulz’s ‘postulates’ 2: Which biographies? 3: Four other questions Chapter 4: Historicity of Law and Ius Controversum in Italian Historiography of the Twentieth Century. The Work of Riccardo Orestano and Luigi Raggi Chapter 1: Genesis of a method 2: Teachers and students 3: From practice to science 4: Ideology or ideologies of the jurists? 5: “An enormous gymnasium of opinions” Chapter 5: Roman Law and Roman Jurists in American Legal Culture 1: Introduction 2: Roman law and civil law in the US, 1790-1850 3: Roman law in American legal theory and comparative law, 1900-1950 4: The academic study of Roman law, 1900-1980 (a): American law schools, 1925-c. 1980 (b): Ancient and medieval historians, 1900-1960 Part II: Stories of Jurists and of Jurisprudence Chapter 6: Law and Literature. The Case of Roman Jurisprudence in Latin Literary Works 1: Introduction 2: Law and literature. State of matter 3: Law teaching in Rome 4: The authors and their audience 5: Latin writers and law 6: Jurists in the mirror of literary works 7: Legal fragments in literary works 8: Jurists quotations in legal works and in literary texts 9: Law and grammar 10: A first conclusion 11: Horace, the Satires and law: problems of method Chapter 7: Greek Thought and Roman Jurists: A Preliminary Survey on Pomponius’s Enchiridion 1: Omnia manu a regibus gubernabantur: Pomponius a reader of Polybius? 2: Pomponius and Aristotle Chapter 8: Concerning Paul. 29 Ad Ed., D. 13.6.17.3: Officium, Beneficium, Commodare. (With an Appendix on the Alterity between Morality and Law) 1: Introduction 2: Textual analysis of the source 3: ‘Officium’ in D. 13.6.17.3 as an abstract category: moral duty in opposition to ‘legal’ obligation 4: Different meaning of ‘officium’ as a specific contractual task, which appears in some other texts 5: Officium and beneficium in Paulus’s analysis of the commodatum and of the related instruments of protection Appendix Chapter 9: Roman Jurists and the Empire: History and Interpretation 1: The legal lexicon of dominion 2: The territorial dimension of power 3: Communis patria 4: Fictions of ubiquity and ius publicum of Late Antiquity Chapter 10: Aspects of the Critical Edition of Roman Juristic Works. The Example of Ulpian’s De Officio Proconsulis 1: Introduction 2: Mommsen’s edition of the Digest (I): ecdotic criteria 3: (II): textual emendation 4: (III): reaching the textual layer of classical jurists 5: The edition of Ulpian’s De officio proconsulis: purpose and method 6: D. 48.18.1.23: mechanical errors and glosses 7: D. 48.18.1 pr.-4: error by haplography 8: D. 1.16.6pr.-2: mechanical errors and intentional alterations 9: Coll. 3.3.1 and D. 1.6.2: dual tradition and emendation 10: Paratext 11: Juristic books as ‘Literature’ Chapter 11: The Code System. Reorganizing Roman Law and Legal Literature in the Late Antique Period 1: The digest system 2: Pseudo-Paul’s Sententiae 3: Codex Gregorianus 4: Codex Hermogenianus 5: Hermogenian’s Iuris epitomae 6: Pseudo-Ulpian’s Opiniones 7: Codex Theodosianus 8: Codex Iustinianus 9: Justinian’s Digesta 10: Summary Index Names (ancient and modern)