Official Monopoly Rule

The Spirit of Roman Law by Alan Watson,

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values official monopoly rule and approaches, explicit official monopoly rule and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues official monopoly rule and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired official monopoly rule and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first official monopoly rule and foremost politicians official monopoly rule and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly of interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity official monopoly rule and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no juristtheorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, official monopoly rule and isolation from the rest of life.
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