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The survey moves from the analysis of a well-known passage of Aulus Gellius concerning the punishment for theft in ancient legal cultures (N.A. 11.18). The close inspection of the precisely ordered structure of Gellian text reveals some hitherto undetected aspects of Gellius’ working method, providing insight into the manner in which he managed his legal sources (particularly Sabinus’ works). This issue, of literary and cultural interest (the exegesis discloses a sort of ‘commentary’ on Sabinus’ works), is at the core of the present study and extends throughout its first part. The relationship between Gellius and the works of the Roman jurists, however, does not exhaust the interest of N.A. 11.18. The structural analysis of Gellius’ Chapter 18 will enable us, in fact, to read in a new light the discussion on Roman theft provided by Gaius’ Institutes (Gai 3.183 ff.). We devote the second part of this study to a short analysis of Gaian text as well, which can be extensively compared with N.A. 11.18. The contrast between the structures of the two texts will help us track down some common elements, providing us with evidence of a shared underlying pattern. This result makes a textual contribution to the never-ending debate on the ‘model’ of Gaius’ Institutes, on the one hand, and to the palingenesis of Sabinus’ Libri iuris civilis, on the other.


In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: Palme, Bernhard

/83), habil. 1884 in Vienna. 1887 prof. ext. and 1895 prof. ord. in civil law at Germany Univ. of Prague, from 1895 at Vienna, then from 1899 prof. ord. in ancient legal history at Leipzig. He refused later...

Author: Joseph Schacht

.8 There is only one legal system in ancient legal history that shows parallel or identical features and this is fiqh, the Islamic legislation. Here offer and accept- ance - as the expression of the agreement of the contracting parties - are the fundamental elements of all contracts. This fact is

In: Yearbook of Islamic and Middle Eastern Law Online

present state of the study of ancient legal history in the German Democratic Republic. 137 At the Sdance de C16ture, it was agreed that the Seventeenth Congress should be held next year in Northern Italy, probably at Turin, and that the central theme of the Congress should be "Suretyship". Then the

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
Author: Guido Kisch

put under more intensive cultivation. In the history of criminal, procedural, and administrative law there was a new harvest of scholarship. Research opened up unexpected new domains in the laws of the ancient Orient, an "Ancient Legal History" materialized, and by means of comparative investigations

In: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

tried by the City Assembly, to which traders could appeal with regard to decisions of kārum Kanesh with the words: “Bring my aff air before the City and the ruler!” Th e Old Assyrian sources are very important for ancient legal history and I may refer to my overview of these matters in K. R. Veenhof, “Th

In: Journal of the Economic and Social History of the Orient

the intellectual traditions, vocabulary, and historiography thereof. Heedful of all this, it is framed in such a way so as to introduce possibilities of studying ancient legal history away from Greece or Rome, giving an overview of how the provision of justice in Ancient Egypt evolved over seven

In: Empire and Legal Thought