Civilians and insurance: approximations of reality to the law

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Author: Guido Rossi1
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  • 1 The University of Edinburgh, Edinburgh Law School, Old College, South Bridge, Edinburgh EH8 9YL, UK

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In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed - reality.

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