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New FrontiersLaw and Society in the Roman World$
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Paul J. du Plessis

Print publication date: 2013

Print ISBN-13: 9780748668175

Published to Edinburgh Scholarship Online: September 2013

DOI: 10.3366/edinburgh/9780748668175.001.0001

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The Standpoint Determines the View: Jacques Barzun’s Theory of Aspect

The Standpoint Determines the View: Jacques Barzun’s Theory of Aspect

Chapter:
(p.226) (p.227) Chapter 12 The Standpoint Determines the View: Jacques Barzun’s Theory of Aspect
Source:
New Frontiers
Author(s):

Philip Thomas

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748668175.003.0012

The argument proffered in this chapter is that the correct legal solution is dependent on time and place; in other words, where you stand determines the view. Authority for this relativism is found in the work of the historian Barzun, who floated the Theory of Aspect. In consequence this chapter will set out Barzun’s theorem. Thereafter the hypothesis will be applied firstly to a general topic, the Twelve Tables and thereafter to several related texts from the Corpus Iuris Civilis. The contemporary communis opinio concerning these texts will be discussed, followed by a non-dogmatic analysis. In doing so, this chapter will cast new light on the value of a “law in context” approach to the study of Roman law.

Keywords:   Theory of Aspect, Twelve Tables, Usury

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