Considering the significant impact of Roman law in Europe, Romanist research has long tended to understand the law of the sources as the beginning of a tradition. For a long time, Roman law of antiquity was thus understood mainly in light of its validity in European legal systems. Today, this view can be seen as one-sided. It is correct to consider the history of its impact as a factor of understanding. However, scholars today are called upon to make a more consistent effort to achieve a specifically historical understanding of ancient Roman law. In particular, this means that the law of the sources should not be seen primarily as the beginning of a tradition, but as a result of a process of reception.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Hermeneutics of Roman Law: A Modern Perspective

  • Martin Avenarius

摘要

Considering the significant impact of Roman law in Europe, Romanist research has long tended to understand the law of the sources as the beginning of a tradition. For a long time, Roman law of antiquity was thus understood mainly in light of its validity in European legal systems. Today, this view can be seen as one-sided. It is correct to consider the history of its impact as a factor of understanding. However, scholars today are called upon to make a more consistent effort to achieve a specifically historical understanding of ancient Roman law. In particular, this means that the law of the sources should not be seen primarily as the beginning of a tradition, but as a result of a process of reception.