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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Principle and Pragmatism in Roman Law (Paperback)
Loot Price: R1,330
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Principle and Pragmatism in Roman Law (Paperback)
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This edited collection presents an interesting and original series
of essays on the roles of principle and pragmatism in Roman private
law. The book traverses key areas of Roman law to examine the
explanatory power of - and delineate interactions between -
abstract, doctrinal principle, and pragmatic, real-world
problem-solving. Essays canvassing sources of law, property,
succession, contracts and delicts sketch the varied roles of
theoretical narratives - whether internal to Roman doctrine or
derived from external influence - and of practical, policy-based
solutions in the jurists' thought. Principled reasoning in Roman
juristic argument ranges from safeguarding commerce, to the
priority of acts or intentions in property transactions, to notions
of pietas, to Platonic conceptions of the market. Pragmatism is
discernible in myriad ways, from divergence between form and
substance, to extension of legal rules for economic, social or
political utility, to emphasis on what parties did rather than what
they said. The distinctive contribution of the book is its survey
of different manifestations of principle and pragmatism across
Roman private law. The essays - by eminent as well as emerging
academics - will stimulate debate about the roles principle and
pragmatism play in juristic argument, and will be of interest to
both scholars and students of Roman law.
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