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The translation and publication of Matthaeus' De Criminibus, which
first appeared in 1644, was undertaken at the request of the South
African Law Commission which is responsible for "making common-law
authorities more readily available, or at any rate more
intelligible" to those with little or no working knowledge of
Latin.
Christian Thomasius was the founding father of the German
enlightenment, and as such initiated a second German "reformation".
He was a philosopher, educator and journalist, but above all he was
a lawyer. He was extraordinarily successful as an academic teacher
and was also a prolific writer. Perhaps best known today for his
campaign against witch-hunting, he was, in his day, equally
renowned for his study of Roman law, of which the Larva Legis is a
single but remarkable example. The text reprinted and translated in
this book is notable for three reasons. First because of the
eminence and influence of its author; second because of the way in
which it illustrates the development of the civilian tradition and
its critical assessment by lawyers; and third, because it is a key
text within the history of one of the main branches of the European
law of obligations. As such it contributed to the establishment of
a modern and critical approach towards the law of delict in Europe.
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