oa Fundamina : A Journal of Legal History - On the uselessness of it all : the Roman law of marriage and modern times
|Article Title||On the uselessness of it all : the Roman law of marriage and modern times|
|© Publisher:||UNISA Press|
|Journal||Fundamina : A Journal of Legal History|
|Affiliations||1 University of Warsaw, Poland|
|Publication Date||Jan 2014|
|Pages||946 - 960|
|Issue||Special issue 2|
The paper discusses the postulated usefulness or otherwise of some Roman legal concepts today. It critically reappraises recent scholarly proposals that the Roman law of marriage serves as a model for modern regulation. Special attention is paid to the interpretation of D. 188.8.131.52 (Ulpian), and in particular to the meaning of the concept of ius naturale in this fragment, and its decidedly non-normative function.
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