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Cicero's LawRethinking Roman Law of the Late Republic$
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Paul J. du Plessis

Print publication date: 2016

Print ISBN-13: 9781474408820

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9781474408820.001.0001

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Servius, Cicero and the Res Publica of Justinian

Servius, Cicero and the Res Publica of Justinian

Chapter:
(p.123) Chapter 8 Servius, Cicero and the Res Publica of Justinian
Source:
Cicero's Law
Author(s):

Jill Harries

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474408820.003.0008

Cicero’s correspondence with Servius after the death of Tullia justifies cultural attitudes  which denied legal agency to the populus;Servius’ juristic successors also perpetuated the role of elite legal thinkers as “procurators” and Pomponius’ history of jurisprudence did not acknowledge the transition from ‘Republic” to Empire, which removed constitutional agency from the populus. Servius, Cicero and the successor jurists thus paved the way for the res publica of the autocrat Justinian.

Keywords:   Servius, Constitutionality, Legal continuity

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