Principle and Pragmatism in Roman Law

Author: Benjamin Spagnolo; Joe Sampson
Publisher: Hart Publishing
ISBN: 9781509938957

Published In: November 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509945511

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Description
Contents

Details

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.

Preface

Acknowledgements

Table of Contents

Contributors

Abbreviations

Translations

Table(s) of Sources

Chapter 1. 'Principle and Pragmatism in Roman Juristic Argument' [Benjamin Spagnolo and Joe Sampson]

Chapter 2. 'Reason and the abyss of nonsense-Rudolph von Jhering's critique of Pandectism revisited' [Paul du Plessis]

Chapter 3. 'Bonitary Ownership and Ownership' [Mike Macnair]

Chapter 4. 'Explaining D.

41.1.36' [Joe Sampson]

Chapter 5. 'The Influence of Rhetorical Arguments on Developments in Late

Republican Succession Law' [Graeme Cunningham]

Chapter 6. 'Writing, Speaking, and the Roman stipulatio' [David Ibbetson]

Chapter 7. 'Principle and Practice in the Lex Commissoria' [Boudewijn Sirks]

Chapter 8. 'Plato, Principle, and Pragmatism: Market Regulation in D.

50.11.2' [Constantin Willems]

Chapter 9. 'Shipmasters, loans, and vessels in need of repair: Liability under the exercitorian edict for money borrowed “navis reficiendae causa”' [Peter Candy]

Chapter 10. 'Insulam exurere - Reading Collatio 12.7.1–3 Closely' [Wolfgang Ernst]

Chapter 11. 'Quasi and (Cor)ruptio' [Benjamin Spagnolo]

Index