Roman lawyers
group · 4 works · 8 mentions · 12 anchored passages
the Roman lawyers · Roman Institutional writers · Roman jurists · Roman Lawyers · Roman jurisconsults · the Roman hypothesis · the Romans · the Romans and their disciples
in the texts
The Law of Torts
Jurists of Roman law cited for their view on liability when self-defence accidentally harms a bystander.
The Roman lawyers held that a man who throws a stone in self-defence is not excused if the stone by misadventure strikes a person other than the assailant.
Apart from questions of form, the right to personal security certainly seems distinct in kind from the right to safe enjoyment of one’s goods, and such was the view of the Roman lawyers.
Contributory negligence, and the allied topics considered in the text, did not escape the Roman lawyers, but they are treated only in an incidental manner and no complete theory is worked out.
Ancient Law
Roman jurists whose speculative theories of a natural state underlie later European jurisprudence.
It is to be noted, however, that the legal testimony comes nearly exclusively from the institutions of societies belonging to the Indo-European stock, the Romans Hindoos, and Sclavonians, supplying the greater part of it;
The necessity of submitting the subject of jurisprudence to scientific treatment has never been entirely lost sight of in modern times, and the essays which the consciousness of this necessity has produced have proceeded from minds of very various calibre, but there is not much presumption, I think, in asserting that what has hitherto stood in the place of a science has for the most part been a se …
To begin with the views of the Roman lawyers, we find them inconsistent with the true history of moral and legal progress.
Dissertations on Early Law and Custom
The jurists of ancient Rome whose classifications of property are analyzed.
It is the result of an attempt of the Roman lawyers to abandon the old historical classifications, and to classify commodities, Property, the objects of enjoyment, according to their actual nature.
Among these distinctions, there is that which the ancient Roman lawyers drew between Res Mancipi and Res nec Mancipi—that is, between Things which required and Things which did not require for their transfer the conveyance of Mancipation;
The Roman lawyers note, as a fundamental difference between immovable and movable property, that land is divisible ad infinitum, and may be always so conceived though actually undivided, while movables are not properly capable of division.
The Rights of War and Peace
Roman legal writers, cited as the source of the robber anecdote illustrating unjustifiable claims.
Though most powers, when engaging in war, are desirous to colour over their real motives with justifiable pretexts, yet some, totally disregarding such methods of vindication, seem able to give no better reason for their conduct, than what is told by the Roman Lawyers of a robber, who being asked, what right he had to a thing, which he had seized, replied, it was his own, because he had taken it into his possession?