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„Lex Aquilia de damno” – problemy z datacją ustawy

Publication date: 2008

Cracow Studies of Constitutional and Legal History, Volume 2 (2008), Volume 2, pp. 17 - 32

Authors

Paulina Święcicka
Jagiellonian University in Kraków, Gołębia 24, 31-007 Kraków, Poland
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Titles

„Lex Aquilia de damno” – problemy z datacją ustawy

Abstract

The lex Aquilia de damno was undoubtedly one of the most important statutory enactments on private law in Roman Antiquity. Nevertheless, there is a lot of controversy connected with this lex, starting with the circumstances of its passing and its dating. Scholars in Roman law are quite sure that this law was undoubtedly subsequent to the lex duodecim tabularum, and it was passed by an assembly of the plebs after it had been proposed by tribune Aquilius [Ulp. D.9.2.1.pr.–1]. But the fragments of sources we possess, such as Gai 3.214, 3.218, 4.37; Ulp. D.9.2.27.22, Pomp. D.9.2.39; I.4.3.14–15, lead us inevitably into the field of speculation.

The aim of this study is to discuss and revise the propositions of dating the lex Aquilia which have appeared in the doctrine of Roman law since 19th century, such as the year 286 B.C., based mainly on a passage in Theophilus’ paraphrase of Justinian’s Institutiones [the Byzantine sources, Par.4.3.15’ also scholia anon. ad Bas. 60.3.1] and which is accepted by a fairly strong body of opinion. Also the propositions of dating made in accordance to the social, political and economic situation are critically considered; as well as some important findings which were made on the base of stylistic and linguistic arguments. The whole analysis made the author propose a dating of the second rather than the first half of the 3rd century B.C. as the most probable.

Information

Information: Cracow Studies of Constitutional and Legal History, Volume 2 (2008), Volume 2, pp. 17 - 32

Article type: Original article

Titles:

Polish:

„Lex Aquilia de damno” – problemy z datacją ustawy

English:

„Lex Aquilia de damno” – problems with dating the lex Aquilia

Authors

Jagiellonian University in Kraków, Gołębia 24, 31-007 Kraków, Poland

Published at: 2008

Article status: Open

Licence: None

Percentage share of authors:

Paulina Święcicka (Author) - 100%

Article corrections:

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Publication languages:

Polish

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