Principle and pragmatism in Roman law
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Bibliographic Information
Principle and pragmatism in Roman law
Hart, 2020
- : hb
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Note
Bibliography: p. [195]-209
Includes indexes
Summary: "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. ..."
Contents of Works
- Principle and pragmatism / Benjamin Spagnolo and Joe Sampson
- Modes of Roman legal reasoning in context : a brief survey / Paul J du Plessis
- The case of the careless purchaser, or "bonitary ownership" and ownership / Mike Macnair
- Explaining D. 41.1.36 / Joe Sampson
- The place of rhetoric in late Republican law : some thoughts on Pietas and the Querela Inofficiosi Testamenti / Graeme Cunningham
- Writing, speaking, and the Roman stipulatio / David Ibbetson
- Principle and practice in the Pacta Adiecta / Boudewijn Sirks
- Plato, principle and pragmatism : market regulation in D. 50.11.2 / Constantin Willems
- Limits of juristic argument in the exercitorian edict / Peter Candy
- Insulam exurere : reading Collatio 12.7.1-3 closely / Wolfgang Ernst
- Quasi and (cor)ruptio / Benjamin Spagnolo
Description and Table of Contents
Description
Table of Contents
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