Ulpian : pioneer of human rights
著者
書誌事項
Ulpian : pioneer of human rights
Oxford University Press, 2002
2nd ed
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注記
Includes bibliographical references (p. [283]-295) and index
内容説明・目次
内容説明
This is the second edition of Tony Honore's 1982 book on the life and works of Ulpian, the early third-century lawyer from Syria who contributed two-fifths of Justinian's sixth-century Digest, which for many centuries formed the staple of European legal education. His writing has been at least as influential as that of any other lawyer, ancient or modern. As an intellectual in government he not only wrote about Roman law and administration, public and
private, on a massive scale but he also played a full part in the turbulent life of the Severan dynasty (193-235), until his own murder by rebellious troops in 223 or 224 AD.
The book has been thoroughly revised in the light of recent scholarship and three new chapters added. The new edition stresses Ulpian's claim to be the first lawyer to champion human rights. He expounded Roman law to the cosmopolitan society of his time, in which citizenship was extended to all free people in the empire, as a system based on reason and equity designed for people, including slaves, who are by nature free and equal. His voluminous works, mainly composed in 213-17 AD, were
dictated in a conversational style. In dealing with legal problems they argue from example and analogy and appeal to considerations of utility and equity in a way not unlike that of Anglo-American lawyers.
The book examines Ulpian's style and method of work, distinguishes genuine works from those falsely attributed to him, and examines his claim that law is the true 'philosophy'.
目次
- Preface
- List of Ulpian's Works with Methods of Citation
- 1. Background and Career
- 2. The Oral Style
- 3. The Cosmopolis and Human Rights
- 4. The Empirical Method
- 5. Genuine Works
- 6. Sources and Scholarship
- 7. Dates and Plan 1: 'On the Edict'
- 8. Dates and Plan 2: Quinquennium Ulpian
- 9. Dates and Plan 3: Lesser Works
- 10. Spurious Works
- 11. Epilogue
- Table I: List of Latin Words and Phrases
- Table II: References to Legal Texts
- Bibliography
- Index
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