1887

oa Fundamina : A Journal of Legal History - Funktionen der etymologie in der juristischen literatur

 

Abstract

Etymologies tended to be neglected by Romanists. In recent philological research they have been proven to be a characteristic of scientific works (,,Fachtexte"). In order to clarify their significance it is important not only to analyse their structure, but also the context in which the etymology serves as an argument. In doing this research, one may distinguish etymologies as historical arguments (in Gaius' commentary on the Twelve Tables and Pomponius' ), etymologies as a didactical means (in Institutiones and introductions to monographs) and finally as a means of presentation (in edictal commentaries). The aetiological aspects of etymologies make them comprehend both - the teleological and the historical argument - depending on the author's intentions. This is why we need to take them, for what they are, namely neither proof of historical development, nor a weakness of juristic thought, but an argument.

Loading

Article metrics loading...

/content/funda/2014/si-1/EJC159284
2014-01-01
2016-12-08
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error