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...
... middle of paper ...
...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)
Roberts, M. (1988). The Revolt of Boudicca (Tacitus, Annals 14.29-39) and the Assertion of Libertas in Neronian Rome. The American Journal of Philology, 109(1), 118-132. Retrieved from http://www.jstor.org/stable/294766
Plutarch, Philip A. Stadter, and Robin Waterfield. "Cato The Elder, Aemilius Paullus, Tiberius and Gaius Gracchus." Roman Lives: A Selection of Eight Roman Lives. Oxford: Oxford UP, 1999. 3-115. Print.
...for success, he robs his audience of the right to make certain determinations about characters such as Tarquin Superbus and Romulus because of his bias toward the motivation behind their actions. Livy’s The Rise of Rome was a grand effort and an amazing undertaking. Cataloguing the years of Roman history consolidated rumor and legend into fact, creating a model for Rome to follow. Livy’s only error in this vast undertaking was in imprinting his own conception of morality and justice onto his work, an error that pulls the reader away from active thought and engaging debate. In doing so, Livy may have helped solidify a better Rome, but it would have been a Rome with less of a conception of why certain things are just, and more of a flat, basely concluded concept of justice.
Sherk, R. K., ‘Roman Documents from the Greek East: Senatus Consulta and Epistulae to the Age of Augustus’, A companion to Ancient History. UK: Blackwell Publishing, 1969. Print
Garland, Lynda, and Matthew Dillon. Ancient Rome: From the Early Republic to the Assassination of Julius Caesar. Milton Park, Abingdon: Routledge, 2005. Print.
Veyne, Paul. "Pleasure and Excesses in the Roman Empire." The Roman Empire Cambridge, Mass.: Belknap Press of Harvard University Press, 1997. 101-116.
1. Tim Cornell, John Matthews, Atlas of the Roman World, Facts On File Inc, 1982. (pg.216)
4)Rosenstein, Nathan Stewart., and Robert Morstein-Marx. A Companion to the Roman Republic. Malden, MA: Blackwell Pub., 2006. Print.
Tam Cicero rogat Catilinam fundatus quid de Catilina auderit ac usitatus pecuniaris accidentis et insequenturus acturus est statuturum iri hoc:
Stoic doctrine, reflecting no doubt in the Greek period the hellenization of much of the world by Alexander the Great, and in the Roman period the imperial integration of diverse cultures, broke open the enclosed community of the polis and upheld the individual as an independent moral agent. The master concept making this development possible, was that of reason yoked to nature. The stoic ideal of living agreeably’ to nature had an external and an internal aspect from the point of view of the individual. It sup...
M.L Clarke, The Roman Mind: Studies In The History Of Thought From Cicero to Marcus Aurelius, (Cambridge, Massachusetts: Harvard University Press, 1956), 33.
The Roman Empire law grew immensely from several sources over a thousand-year period. “…sources were divided into unwritten law (ius non scriptum) and written law (ius scriptum).”1 The unwritten law were customs that the Ancient Romans adapted, however they were accepted as written laws in many places. Certain customs ranged from public games, religious festivals, paternal power and rituals and celebrations for the birth of new
Toynbee, J. M. C.. "The ‘Ara Pacis Augustae’." Journal of Roman Studies 51, no. 1-2 (1961): 153-156.
Cary, M and H. H Scullard. A history of Rome down to the reign of Constantine. New York: St. Martin's Press, 1975.
Naso, Publius O. Ovid: A Legamus Transitional Reader. Trans. Caroline A. Perkins and Denise Davis-Henry. Wauconda, IL: Bolchazy-Carducci, 2007. Print.