Chapter

Legal Tradition, with Particular Reference to Roman Law<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748625161.003.0027
Legal Tradition, with Particular Reference to Roman Law☼

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This article re-assesses the view that the Roman jurists were particularly strong traditionalists as argued by Schulz and others but challenged by Nṏrr. Other explanations can be found for retention of institutions and slow change in the law, such as the absence of easy procedures to make changes. Apparently static rules, such as the ceremony of mancipatio, may have been avoided in practice by the use of documents alleging performance of it. There is in any case a good deal to be said for gradual and considered change as opposed to rapid legislative change, an approach praised by Stair. The important point is to adhere to sound tradition but avoid being thirled to that tradition for its own sake.

Keywords: Tradition; Traditionalism; Roman jurists; Stair

Chapter.  6913 words. 

Subjects: History of Law

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