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The 'Regula' as a Rhetorical Device in Roman Law

The 'Regula' as a Rhetorical Device in Roman Law

The 'Regula' as a Rhetorical Device in Roman Law

Author: Olga Tellegen-Couperus; Jan Willem Tellegen
Publisher: Brill Nijhoff
ISBN: 9789004711013
Published In: November 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$305.90

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Description
Contents

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In this book, it is argued that twenty regulae in title D. 50.17 of Justinian’s Digest are not the legal rules that scholarly wisdom has long held them to be, but are instead rhetorical arguments. As arguments, these regulae do not comfortably fit the modern perception of Roman law as a system and sometimes even appear to have no connection with law whatsoever. By explaining them in the context of rhetoric, and of Cicero’s Topica especially, the authors identify and reconstruct the original tenor of these twenty regulae as well as that of the famous regula Catoniana, stating their case for a paradigm shift in the study of Roman law in the process.

Preface

1. Introduction

2. Cicero’s Topica and Trebatius Testa

3. Quintus Mucius Scaevola pontifex: Jurist and Orator

4. D.

50.17 De diversis regulis iuris antiqui – Introduction

5. The status coniectura: The topos causa

6. The status definitio: The topos e contraria

7. The status definitio: The topos e consequentibus – Scaevola D.

50.17.88

8. The status definitio: The topos a repugnantibus

9. The status qualitas: The topos comparatio

10. The status qualitas: ambiguitas

11. Paulus D.

50.17.1 and the regula Catoniana

12. Conclusion

Bibliography

Index

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