Forensic Essay

553 Words2 Pages

Overall, though, I believe that Stein is the closest scholar here-mentioned to have accounted for the explanation behind these controversies. The main mistake made by many modern scholars lies in the planning and the research – too much effort is spent on seeking to explain this opposition between the Proculians and the Sabinians in terms of two internally coherent law schools which differ entirely and have held controversies stemming from a specific occurrence. I have personally, as a student of the Roman law, found it difficult in reading the sources and differing theories from scholars to do just this – because, as Scarano Ussani stated, nowhere, in the mass of research that has been done, have any definitive results been reached. As afore-mentioned, I ruled out the political explanation for the purpose of answering this question, and the social explanation does not add a great deal to the debate for me. The theories supporting the social standpoint as addressed in this essay are among the worst for choosing to ignore many of the hard facts in order to make their theory fit better. This leaves only the philosophical and methodological explanations. The philosophical explanation is a reasonably sound one, although as explored above, I do believe that its significance has been largely exaggerated. There is no doubt over the fact that philosophy has played an influential role - even if you only look at Gaius’ ius gentium which contains a certain level of Stoic influence, but as mentioned above there are major differences which have been overlooked slightly in those arguments. The methodological explanation is another seemingly logical one, and the most reliable of all theorems explored in this essay, in my opinion, as it i...

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...tory, II, Stuttgart 1889 (repr. Aalen 1963)

O. Behrends, (1983)

Paul du Plessis, Borkowski’s Textbook on Roman Law, 4th Edition, Oxford University Press Inc., New York (2010), p. 265

Paul von Sokolowski – Die Lehre von der Specification, H. Böhlau (1896)

P. Vander Waerdt, Philosophical Influence on Roman Jurisprudence? The Case of Stoicism and Natural Law ANRW 4.36 (1990)

Sextus Pomponius – Enchiridium, 2nd century AD – partly preserved in the Digest of Justinian: Alan Watson, The Digest of Justinian, Volume 1, University of Pennsylvania Press (2011)

Stein, Cambridge L. J. 31 (1972)

Tessa G. Leesen – Gaius Meets Cicero: Law and Rhetoric in the School Controversies, Martinus Nijhoff Publishers (2010)

Tony Honoré, Gaius, The Clarendon Press (1962)

Vincenzo Scarano Ussani, Reflections on the Epistemological Status of Roman Jurisprudence, G. Giappichelli (1997)

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