Jump to ContentJump to Main Navigation
New FrontiersLaw and Society in the Roman World$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 28 September 2021

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

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

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

Philip Thomas

Edinburgh University Press

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

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.