2016 Fiscal Year Final Research Report
A Study of the regulae in Roman law, especially Pothier's regulae
| Project/Area Number |
25380013
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Nihon University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2013-04-01 – 2017-03-31
|
| Keywords | ポティエ / Pothier / レグラ / regulae / 法学方法論 / 法学史 / 法学体系 / 法学提要 |
|---|
| Outline of Final Research Achievements |
In several of eighteenth-century institutional books, rules and maxims are accorded a prominent position. Especially Robert Joseph Pothier(1699-1772) went further in this direction. His major work was Pandectae Justinianae in Novum Ordinem Digestae, published in 1748-1752. This is a systematic teatise on eac title of the Digest.In the last title, Pothier observed that Tribonian had collected in it only certain rules, which constituted a mere taste of the wealth of rules contained in the Digest. He decided to do the job properly and set himself to extract all the short rules in the whole Corpus Iuris, and so produce a kind of universal index of the Digest.In this study we tried to reveal the method and the systematization of his last title and their significance in the history of jurisitc systematization.
|
| Free Research Field |
基礎法学
|
