- Netherlands
- I am particularly interested in the close connection between Roman law and rhetoric.edit
How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad... more
How did Quintilian regard the relationship between rhetoric and law? It is only in the last book of his Institutio oratoria that Quintilian deals with this question. In 12.3 he states that the well-educated orator must have a broad knowledge of the law so that he will not be dependent on information from a legal expert. In the course of the book, Quintilian shows that he himself was well acquainted with Roman law for he often explains rhetorical technique by giving legal examples, and these examples deal with a wide variety of topics and refer to a wide variety of sources. The topics include criminal law and private law, particularly the law of succession, and legal procedure. The sources range from speeches by Cicero to fictitious laws and cases. Quintilian regarded rhetoric as superior to law but he will have agreed with Cicero that rhetoric and law were partners in dignity.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests: Philosophy and Cicero
Research Interests:
Cicero's De oratore is one of those works that traditionally belong to the field of classics but is today beginning to be claimed (again) as belonging to Roman law as well. In this book, Cicero gives his mature views on rhetoric,... more
Cicero's De oratore is one of those works that traditionally belong to the field of classics but is today beginning to be claimed (again) as belonging to Roman law as well. In this book, Cicero gives his mature views on rhetoric, oratory, and philosophy. Casting it in the form of a dialogue, Cicero allows his two main speakers, Crassus and Antonius, to illustrate their arguments with examples from legal practice. Both were outstanding politicians and both acted as advocates in many important trials. Works like the De oratore tend to fall between two disciplines. The examples which Crassus and Antonius employ form an obstacle to modern translators and commentators who are not well acquainted with Roman law. They often have problems in understanding them and, consequently, in translating them properly. It seems they do not realise that they require assistance from specialists in Roman law.
Research Interests:
Summary When Cicero defended Sextus Roscius the Younger against a charge of patricide, the orator not only had to deal with the murder charge but also with two complicating factors: after Sextus Roscius the Elder had been murdered, his... more
Summary When Cicero defended Sextus Roscius the Younger against a charge of patricide, the orator not only had to deal with the murder charge but also with two complicating factors: after Sextus Roscius the Elder had been murdered, his name had been entered on the proscription lists and his property had been bought by Chrysogonus, the freedman and favourite of dictator Sulla. Although the proscription was formally not at issue in the trial, Cicero did make good use of it to secure Roscius’ acquittal. Therefore, I argue that Cicero owes much of his success in this case to a consistently balanced combination of a formal plea to the jury and an informal plea to Chrysogonus.
Selon Fritz Schulz, la tutelle des femmes dans le droit romain classique fut une 'irrational institution'. A la fin de la Republique les femmes allaient participer a toutes sortes d'activites economiques, et la tutelle... more
Selon Fritz Schulz, la tutelle des femmes dans le droit romain classique fut une 'irrational institution'. A la fin de la Republique les femmes allaient participer a toutes sortes d'activites economiques, et la tutelle n'avait plus de sens. Ep meme temps la tutelle continuait a exister, d'une maniere irrationnelle. A mon avis cette qualification est trop simpliste. A present on admet d'une maniere generale qu'une femme pouvait faire une mancipation seulement avec l'assistance d un tuteur. Cependant il ressort de quelques textes de Gaius, de Paul et de Ciceron que le preteur etait dispose dans certains cas de considerer comme valable une mancipation effectuee par une femme sui iuris sans l'autorisation d'un tuteur. Il s'agit en particulier de la mancipation pour aliener une res mancipi et pour faire un testamentum per aes et libram. Or, il y avait des femmes qui etaient capables de regler leurs propres affaires, et le preteur les aidait. Mais il y avait aussi d'autres femmes, et c'est pour elles que la tutelle continuait a exister, comme une institution rationnelle.
Research Interests: Humanities and Art
Research Interests:
Tellegen O. Roman Law and Rhetoric. In: Revue belge de philologie et d'histoire, tome 84, fasc. 1, 2006. Antiquité - Oudheid. pp. 59-75
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Justinian’s Digest are generally regarded as containing the bulk of classical Roman legal science. However, legal science presupposes the existence of a system of norms, including theories of the legal concepts of which the system is made... more
Justinian’s Digest are generally regarded as containing the bulk of classical Roman legal science. However, legal science presupposes the existence of a system of norms, including theories of the legal concepts of which the system is made up. This system is supposed to provide the means of solving legal problems by deductive reasoning, that is, by using logic. However, in the Roman sources, there is no such system and little deductive reasoning. The argument that Roman law is case law and, therefore, different does not hold because, in a case-law system too, there must be a context of justification. The form of legal reasoning that is most commonly found in the Roman sources is that based on induction. Reasoning by analogy, for instance, seems to have been rather popular. However, analogy is based on similarities and probabilities, not on logic. It is a dubious but practical way of solving legal problems. The question, therefore, is whether it is right to qualify the Digest texts as...
... It is unlikely that after overthrowing the king the leading Roman families would have wished to ... In the first 150 years of the republic all kinds of constructions must have been ... tasks; in the sources one comes across various... more
... It is unlikely that after overthrowing the king the leading Roman families would have wished to ... In the first 150 years of the republic all kinds of constructions must have been ... tasks; in the sources one comes across various names for magistrates, eg praetor, consul, decemviri ...
Research Interests:
Research Interests:
Research Interests:
... Opello, Jr. Walter C. and Stephen J. Rosow (2004), The Nation-State and Global Order. ... Tellegen, Jan Willem (1988),'Gaius Cassius and the Schola Cassiana in Pliny's Letter VII 24, 8', Zeitschrift der Savigny... more
... Opello, Jr. Walter C. and Stephen J. Rosow (2004), The Nation-State and Global Order. ... Tellegen, Jan Willem (1988),'Gaius Cassius and the Schola Cassiana in Pliny's Letter VII 24, 8', Zeitschrift der Savigny Stiftung, romanistische Abteilung, 105, 263–311. ...
Research Interests:
... It is unlikely that after overthrowing the king the leading Roman families would have wished to ... In the first 150 years of the republic all kinds of constructions must have been ... tasks; in the sources one comes across various... more
... It is unlikely that after overthrowing the king the leading Roman families would have wished to ... In the first 150 years of the republic all kinds of constructions must have been ... tasks; in the sources one comes across various names for magistrates, eg praetor, consul, decemviri ...
Research Interests:
In this article it is argued that in the formulary procedure the judge played a much more important role than is generally taken for granted. First, judges decided not only on factual matters but also on legal issues. Second, they were... more
In this article it is argued that in the formulary procedure the judge played a much more important role than is generally taken for granted. First, judges decided not only on factual matters but also on legal issues. Second, they were not 'laymen' but, considering their social position, they must have been well-versed in contemporary law. Third, their judgment could be very important for the development of Roman law, for instance when it involved the interpretation of a particular formula. On the basis of these arguments a new interpretation is given of Iav. D. 24.3.66 pr.
Does a newborn child that has been abandoned by a parent remain under the potestas of the father? According to modern Romanists, it did. Of the two texts that are usually referred to in this connection, only one mentions the notion patria... more
Does a newborn child that has been abandoned by a parent remain under the potestas of the father? According to modern Romanists, it did. Of the two texts that are usually referred to in this connection, only one mentions the notion patria potestas. In this paper, it is argued that the relevant text, D.40.4.29, does not prove the continued potestas of a father over his foundling son, but that it points to the increasing importance of blood relationship in the law of succession of the second century AD.
