VISSCHER (Fernand de) – STUDY OF ROMAN LAW
VISSCHER (Fernand de) – STUDY OF ROMAN LAW
VISSCHER (Fernand de) – STUDY OF ROMAN LAW
VISSCHER (Fernand de) – STUDY OF ROMAN LAW
    VISSCHER (Fernand de)
    STUDY OF ROMAN LAW
Édition :
    Paris
Date :
    1931
    octavo, half ivory vellum, gilt title on black morocco paper, binding with the monogram "JGG", original cover preserved, good condition, 508 p.
    This study is "further proof of the variety of subjects explored by the author: from anecdotes to the most general laws, from the adventures of Sejanus and Macro to legal formulation, including epigraphic notes, an impressive number of characteristics of the Roman mentality are revealed. Of course, Fernand De Visscher was primarily interested in the empire; it could not be otherwise, but he also examines its relationship to republican provisions. What he says about certain procedural subtleties before a judgment could lead us to reconsider the outcome of Cicero's Verrine Orations. Tacitus receives the same attention regarding the legal context, sometimes even with a concern for conciliation that was quite in keeping with the character of the law professor and, alas, not without some lapses in Latin, which has always seemed to us the weak point in F. De Visscher's commentary: for example, the curious future tense *oportebit*, introduced into the Law of Heba without stylistic or epigraphic justification." It's simply a matter of training, because the author has left behind remarkable definitions; not only has he corrected translations by Latinists ignorant of Roman law—professio, for example—but this work is entirely devoted to the precise scope of postliminium in pace. It is perfectly defined. I remember hearing this presentation about ten years ago and being struck by the rigor of his analysis of the threefold application of postliminium. (…) Between two definitions, we see De Visscher proceeding to the correct method, and certain definitive phrases should be inscribed above the entrance to certain lecture halls, such as (regarding dominium): “There is an attitude that defies all sound method, and that is the one that attributes to a historical type of appropriation of property, such as Roman dominium, a permanence and a necessity that belongs only to the general concept” (p. 217). Further on, regarding auctoritas, the same finesse is found in the nuanced use of terms in situ, this time in the excellent company of another great jurist, De Martino. The best aspect of this study lies in establishing a relationship between auctoritas and fides, an idea introduced by Piganiol. This allows De Visscher to articulate the dual mechanism of auctoritas covering the transition from mancipatio to yusus and to open a door—the right one—to comparative law. (Martin van den Bruwaene, L'antiquité classique, no. 2/1967, pp. 740–742)

Référence : 50963

Mots-clés : Roman Law - Ancient Law, Ancient Law - History of Law

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