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
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