oa Fundamina : A Journal of Legal History - Roman law and the causa legitima for reprisal in Bartolus
|Article Title||Roman law and the causa legitima for reprisal in Bartolus|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Affiliations||1 University of Helsinki, Finland and 2 University of Amsterdam, The Netherlands|
|Publication Date||Jan 2014|
|Pages||349 - 356|
|Issue||Special issue 1|
Writers on the history of international law, such as Grewe and Ziegler, maintain that in the Tractatus represaliarum by the fourteenth-century jurist Bartolus de Saxoferrato, there is an analogy between ius belli and reprisal. According to these scholars, Bartolus derived his theory of causa legitima for both war and reprisals solely from scholastic thought. This seems curious, since in the Corpus iuris civilis 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 causa legitima for reprisal.
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