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Legal Artifices: Ten Essays on Roman Law in the Present Tense


ISBN13: 9781474446679
Published: October 2021
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition , ISBN13 9781474446686



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The first English-language anthology of Yan Thomas, whose contributions to Roman law revolutionised legal scholarship.

  • Collects and translates 10 essays by Yan Thomas (1943–2008), the most renowned French jurist of the 20th century
  • Provides a juridical perspective on the genealogy of the Western subject and the elementary conditions for the exercise of power
  • Builds on the growing interest in Thomas’ work generated by recent engagements, such as in Giorgio Agamben’s Homo Sacer series
  • Demonstrates the formal continuity of socio-legal techniques that have defined Western legal culture

Western legal professionals habitually rely on a version of legal history that bolsters their own sway over the present. The legal mythologies undergirding these self-serving proposals are divided between doctrines of law’s immemorial nature, and of its sacred (Roman) origins. Thomas’s de-mythicised jurisprudence, presented in this collection of essays, dismisses these sagas. His work sent seismic waves across the humanities and social sciences, with claims including:

  • Law is not a set of rules, but the operation of legal arguments; lawyers are the agents of the legal denaturalisation of the world
  • Rome is misread as an essentially political entity; the effect exercised on Roman society by its jurists ranks before that of its politicians
  • Despite a widely accepted opposition between modern labour law and the Roman renting-out of a slave's workforce, there exist unexpected commonalities
  • ‘Legal order’ and ‘responsibility’ are among the inventions of modern law; they are not part of the timeless inventory of the world

Subjects:
Roman Law and Greek Law
Contents:
List of Legal Abbreviations
Foreword – Operations and Artifices: The Art of the Oldest Legal Professionals
Anton Schütz and Thanos Zartaloudis
1. The Contrivances of Legal Institutions: Studies in Roman Law
2. Legal History for Historians: A Presentation
3. The Language of Roman Law: Problems and Methods
4. The Law Between Words and Things: Rhetoric and Case Law in Rome
5. Artifices of Truth in the Medieval ius commune
6. The Subject of Right, the Person, Nature: Remarks on the Current Criticism of the Legal Subject
7. Vitae Necisque Potestas: The Father, the State, Death
8. On Parricide: Political Interdiction and the Institution of the Subject
9. Act, Agent, Society: Fault and Guilt in Roman Legal Thinking
10. The Slave’s Body and its Work in Rome: On Analysing a Juridical Dissociation
Afterword – A Knowledge Apart
Alain Pottage
Biographies of Contributors