DEKKERS (René) – THE ENORMOUS INJURY, Introduction to the History of the Sources of Law
DEKKERS (René) – THE ENORMOUS INJURY, Introduction to the History of the Sources of Law
DEKKERS (René) – THE ENORMOUS INJURY, Introduction to the History of the Sources of Law
    DEKKERS (René)
    THE ENORMOUS INJURY, Introduction to the History of the Sources of Law
Édition :
    Paris
Date :
    1937
    octavo, half ivory vellum, gilt title on brown morocco paper with gilt fillets framing, spine decorated with gilt lace, binding with the monogram "J. G. G.", original cover preserved, (spine sunned, some pencil underlining), good condition, 176 p.
    R. Dekkers is particularly known for having co-authored (for the first edition) and completed the update (for the second edition) of Henri De Page's major Treatise on Civil Law. However, the work we are presenting here was the first book published immediately after his doctoral thesis (La fiction juridique, Étude de droit romain et de droit comparé, 1935). It also falls within the same historical research theme concerning the sources of law. Although Dekkers taught Roman law for over twenty years and also published occasionally on the subject after this period, he only truly established himself as a more or less traditional Roman law scholar in his academic publications during the first five years of his university career (1932-1937), with a few exceptions. During this period, in addition to his aforementioned doctoral thesis on La fiction juridique, his monograph La lésions énormément and an article Les actions utiles en droit romain classique were published. […] In *The Enormous Lesion*, Dekkers set himself the task of writing a history of the famous *lex secunda* (C. 4, 44, 2), the constitution of Emperor Diocletian which underlies all texts on *laesio* that can be found from medieval authors to the codifications, which are still in force: “The very subject of the lesion does not directly interest us. Anyone who would like to study this problem from a social, economic, moral, or political point of view will not find much in this work” (pp. 13-14). Dekkers even exclaims: “Is not the history of sources the surest form of legal history?”; further on, he says: “The subject of the lesion is essentially only a pretext, a particularly favorable occasion… our aim is to try to make a contribution to the history of sources.” (p. 14). » This is lacking in Cujas.

Référence : 52306

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

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