scholarly journals A Corpus Approach to Roman Law Based on Justinian’s Digest

Informatics ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 44
Author(s):  
Marton Ribary ◽  
Barbara McGillivray

Traditional philological methods in Roman legal scholarship such as close reading and strict juristic reasoning have analysed law in extraordinary detail. Such methods, however, have paid less attention to the empirical characteristics of legal texts and occasionally projected an abstract framework onto the sources. The paper presents a series of computer-assisted methods to open new frontiers of inquiry. Using a Python coding environment, we have built a relational database of the Latin text of the Digest, a historical sourcebook of Roman law compiled under the order of Emperor Justinian in 533 CE. Subsequently, we investigated the structure of Roman law by automatically clustering the sections of the Digest according to their linguistic profile. Finally, we explored the characteristics of Roman legal language according to the principles and methods of computational distributional semantics. Our research has discovered an empirical structure of Roman law which arises from the sources themselves and complements the dominant scholarly assumption that Roman law rests on abstract structures. By building and comparing Latin word embeddings models, we were also able to detect a semantic split in words with general and legal sense. These investigations point to a practical focus in Roman law which is consistent with the view that ancient law schools were more interested in training lawyers for practice rather than in philosophical neatness.

Author(s):  
Heikki Pihlajamäki

This chapter begins with a brief introductory note on the role of legal history in ancient Roman law, and the legal scholarship of medieval glossators and commentators. It then turns to the dominant schools of continental legal scholarship in the seventeenth and eighteenth centuries, the ‘Neo-Bartolists’ and the usus modernus pandectarum. It considers the rise of the Historical School in Germany and the corresponding movements elsewhere in continental Europe. Methodologically, the representatives of the Historical School were the first professional legal historians in the modern sense of the term. Finally, the chapter retells the story of the rise of European legal history in the post-war period, and the recent trends towards a creation of global legal histories. It shows that legal history’s turns have in many ways followed from not only legal scholarship in general, but also from developments in historical science and global politics.


Legal Studies ◽  
2009 ◽  
Vol 29 (4) ◽  
pp. 519-533 ◽  
Author(s):  
William Twining

Law has the potential to be one of the humanistic disciplines that is an integral part of general culture. But it is not usually perceived in that way by non-lawyers. As the Society of Legal Scholars celebrates its Centenary, its members are under pressure to broaden the audiences of legal scholarship. Setting this expectation in the context of the movement to encourage all academic disciplines to place greater emphasis on ‘public understanding’ and ‘public engagement’, this lecture considers the what, why and how of confronting this challenge, recognises some obstacles and constraints, and suggests how the Society, law schools and law publishers might contribute to this enterprise.


2020 ◽  
Vol 16 (1) ◽  
pp. 39-57 ◽  
Author(s):  
Jens Frankenreiter ◽  
Michael A. Livermore

The digitization of legal texts and advances in artificial intelligence, natural language processing, text mining, network analysis, and machine learning have led to new forms of legal analysis by lawyers and law scholars. This article provides an overview of how computational methods are affecting research across the varied landscape of legal scholarship, from the interpretation of legal texts to the quantitative estimation of causal factors that shape the law. As computational tools continue to penetrate legal scholarship, they allow scholars to gain traction on traditional research questions and may engender entirely new research programs. Already, computational methods have facilitated important contributions in a diverse array of law-related research areas. As these tools continue to advance, and law scholars become more familiar with their potential applications, the impact of computational methods is likely to continue to grow.


1994 ◽  
Vol 12 (2) ◽  
pp. 341-367 ◽  
Author(s):  
Norman Rosenberg

As long as legal scholarship focused on traditional sources that were considered“distinctively legal,” a great variety of “legal texts” were consigned to scholars in other disciplines. Thus, Oliver Wendell Holmes, Jr. (1841–1932) and his classic workThe Common Law(1881) appeared safely inside the categorical “box” identified as distinctively legal, while Louis Calhern's portrayal of Holmes and the filmThe Magnificent Yankee(MGM, 1950) fell outside.In recent years, however, both the inside/outside distinction and the legal box metaphor have become increasingly suspect. Drawing upon post-structuralist theories, which highlight the discursive and representational dimensions of law, a variety of different projects seek to locate the diverse places at which legal rhetoric and imagery are constituted.


Author(s):  
Joshua A. Berman

Scholars of biblical law have long seen the inconsistencies among the law corpora of the Pentateuch as signs of schools and communities in conflict. This chapter offers an introductory foundation for the following five chapters on biblical and ancient Near Eastern law. It demonstrates that the dominant approach to the critical study of biblical law—that is, as statutory law—is based on anachronistic, nineteenth-century notions of how law works and how legal texts are formulated. The chapter traces the history of legal thought in that century, and how it shaped (a better term might be distorted) how we view the ancient legal texts of the Bible and the Near East, and recovers premodern understandings of how law works and how legal texts are to be read in accordance with common-law jurisprudence.


Legal Studies ◽  
1989 ◽  
Vol 9 (3) ◽  
pp. 241-260
Author(s):  
Neil Duxbury

Much has often been made of Maine's striking opening sentence to his Ancient Law, in which he states that the most celebrated system of jurisprudence in the world, the Roman law system, ‘begins, as it ends, with a code.’ It is a remark which serves well those who argue that law has evolved as a predominantly written culture. Yet, as Maine points out, the publication of the Twelve Tables (these traditionally being regarded as the foundation of Roman law) ‘is not the earliest point at which we can take up the history of law.’


2019 ◽  
Vol 18 (2) ◽  
pp. 217-246
Author(s):  
Tilmann Altwicker

Abstract The paper argues that digitalization primarily presents a methodological challenge for international legal scholarship. Three developments are relevant in this context: the datafication of law, computerized information retrieval, and the differentiation of legal knowledge. International legal scholarship has benefited from treating legal texts, legal relationships as well as legal interactions and decision-making “as data”. Typically, quantitative methods used on this data include text mining, network analysis, cluster analysis, and regression analysis. While data-driven scholarship cannot replace a hermeneutic approach to international law, it is likely to change the dimensionality of legal research, require adaptations of the law school curriculum, and enhance the interdisciplinary connectivity of international legal scholarship.


Teisė ◽  
2008 ◽  
Vol 67 ◽  
pp. 153-163
Author(s):  
Giedrė Urbanavičiūtė

Teisės mokslo formavimuisi neabejotinai didžiulę įtaką turėjo romėnų teisė. Straipsnyje siekiama at­kreipti dėmesį į teisės literatūroje menkai tyrinėtą klasikiniu romėnų teisės laikotarpiu egzistavusių teisės mokyklų temą, bandoma atskleisti sabinų (kasijėnų) bei prokulėnų teisės mokyklų ištakas, jų atstovus, esminius ideologinius skirtumus bei jų reikšmę ir įtaką teisės mokslui. The influence for the legal science made by Roman Law is undoubted. By this article the author seeks to notice theme of the Law Schools in classical period of Roman Law that was distantly researched during the history, attempts to reveal the beginnings of Sabinian (Cassian) and Proculian Law Schools, their representatives, fundamental ideological distinctions, meaning and impact for the legal science.


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