Max-Planck-Instituts
für Europäische Rechtsgeschichte
Das
Buch wurde mit dem Preis für die beste juristische Dissertation 2006 der
"Finnish Lawyers Society" augezeichnet.
Kaius
Tuori:
Ancient Roman Lawyers and Modern Legal Ideals
Studies on the impact of contemporary concerns in the interpretation of ancient Roman legal history
2007.
XII, 220 Seiten
Kt einzeln € 46.-, im Abonnement € 41.40
ISBN 978-3-465-04034-7
Studien zur europäischen Rechtsgeschichte Band 220
(in englischer Sprache)
The
book explores the effects that the ideals of modern law had on ancient
Roman jurists, or rather, how later authors describing Roman jurists
knowingly or unknowingly made the Romans reflect the ideals and virtues of
their own time. It is claimed that many of the 19th century scholars
presented Romans almost as Germans in togas.
Through
the lives and works of classical Roman jurists, such as Q. Mucius Scaevola,
Labeo, Capito, and Salvius Julianus, the book traces the emergence of the
ideals of legal system, autonomy of law, and the codification of law in
the historiography of Roman jurists. These three ideals were typical of
the modern 19th century view of the law.
In
order to grasp the impact of contempory concerns, the accounts of the
ancient Romans are compared with the writings of legal historians from the
16th century to the present. The observation of changes in the historical
interpretations is a good indicator of how, for example, the
interpretations on the scientific nature of law made from the 16th century
to 19th century reflect the ideals of their time.
The
birth of modern law and modern historiography during the 19th century
changed the historical image of Roman law dramatically. The practical
Roman law which was implemented by the contemporaries was changed into the
historical Roman law with an aesthetical value as a classical model. The
end of the practical use of Roman law released the history of Roman law to
legal history itself, but the narratives made to justify its use still
continue.
Kaius Tuori lehrt Rechtsgeschichte und Römisches Recht an der Universität Helsinki.