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The 'Regula' as a Rhetorical Device in Roman Law


ISBN13: 9789004711013
Published: November 2024
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £115.00



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In this book, it is argued that twenty regulae in title D. 50.17 of Justinian’s Digest are not the legal rules that scholarly wisdom has long held them to be, but are instead rhetorical arguments. As arguments, these regulae do not comfortably fit the modern perception of Roman law as a system and sometimes even appear to have no connection with law whatsoever. By explaining them in the context of rhetoric, and of Cicero’s Topica especially, the authors identify and reconstruct the original tenor of these twenty regulae as well as that of the famous regula Catoniana, stating their case for a paradigm shift in the study of Roman law in the process.

Subjects:
Roman Law and Greek Law
Contents:
Preface

1. Introduction
2. Cicero’s Topica and Trebatius Testa
3. Quintus Mucius Scaevola pontifex: Jurist and Orator
4. D.
50.17 De diversis regulis iuris antiqui – Introduction
5. The status coniectura: The topos causa
6. The status definitio: The topos e contraria
7. The status definitio: The topos e consequentibus – Scaevola D.
50.17.88
8. The status definitio: The topos a repugnantibus
9. The status qualitas: The topos comparatio
10. The status qualitas: ambiguitas
11. Paulus D.
50.17.1 and the regula Catoniana
12. Conclusion

Bibliography
Index