oa Fundamina : A Journal of Legal History - Roman law and the for reprisal in Bartolus

Special issue 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Writers on the history of international law, such as Grewe and Ziegler, maintain that in the by the fourteenth-century jurist Bartolus de Saxoferrato, there is an analogy between and reprisal. According to these scholars, Bartolus derived his theory of for both war and reprisals solely from scholastic thought. This seems curious, since in the Corpus itself there are numerous texts dealing with reprisals and self-defence. This article therefore aims to establish whether Bartolus did indeed refer to any Roman legal text in his treatment of the for reprisal.

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