Law and Philosophy in the Late Roman Republic

Explores one of the most creative interactions in history with a lasting influence on law and philosophy.

René Brouwer (Author)

9781108491488, Cambridge University Press

Hardback, published 3 June 2021

190 pages
23.3 x 15.7 x 1.6 cm, 0.4 kg

'Brouwer's monograph … provides a number of admirable new insights … Brouwer's book is brimming with stimulating material and is a valuable contribution …' Matthijs Wibier, Bryn Mawr Classical Review

The middle of the second until the middle of the first century BCE is one of the most creative periods in the history of human thought, and an important part of this was the interaction between Roman jurists and Hellenistic philosophers. In this highly original book, René Brouwer shows how jurists transformed the study of law into a science with the help of philosophical methods and concepts, such as division, rules and persons, and also how philosophers came to share the jurists' preoccupations with cases and private property. The relevance of this cross-fertilization for present-day law and philosophy cannot be overestimated: in law, its legacy includes the academic study of law and the Western models of dispute resolution, while in philosophy, the method of casuistry and the concept of just property.

1. Introduction
2. Law and philosophy around 150 BCE
3. 'System' in law
4. 'Rule' in law
5. 'Person' in law
6. Casuistry in philosophy
7. Property in philosophy
8. Law and philosophy after 50 BCE.

Subject Areas: History of ideas [JFCX], Western philosophy: Ancient, to c 500 [HPCA], History: theory & methods [HBA]