1887

oa Fundamina : A Journal of Legal History - Plato and Ulpian's

 

Abstract

The purpose of this contribution is to analyse the Platonic foundations of Ulpian's famous () (D. 1,1,10,1). Ulpian's embody the fundamental principles of the modern law of obligations. They are the indispensable basis of contemporary legal theory and practice in the law of delict and contract law. Some modern scholars believe that the sources of these precepts are the writings of Stoic philosophers. In the author's opinion, however, Ulpian's have their origin in Plato's concept of justice. These may be traced to the first book of Plato's and specifically the maieutic dialogue between Socrates and his collocutors on the foundations of justice, where all three precepts are to be found together for the first time in the same context.

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/content/funda/2014/si-2/EJC159399
2014-01-01
2016-12-06
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