Legal Artifices: Ten Essays on Roman Law in the Present Tense : : Ten Essays on Roman Law in the Present Tense / / Yan Thomas.

• Superior document: Title is part of eBook package: De Gruyter EBOOK PACKAGE COMPLETE 2022 English
• VerfasserIn: Thomas, Yan,
• MitwirkendeR: Pottage, Alain,; Schütz, Anton,; Zartaloudis, Thanos,
• Place / Publishing House: Edinburgh : : Edinburgh University Press, , [2022]; ©2021
• Year of Publication: 2022
• Language: English
• Series: Encounters in Law & Philosophy : ELP
• Physical Description: 1 online resource (360 p.)

The first English-language anthology of Yan Thomas, whose contributions to Roman law revolutionised legal scholarshipCollects and translates 10 essays by Yan Thomas (1943–2008), the most renowned French jurist of the 20th centuryProvides a juridical perspective on the genealogy of the Western subject and the elementary conditions for the exercise of powerBuilds on the growing interest in Thomas’ work generated by recent engagements, such as in Giorgio Agamben’s Homo Sacer seriesDemonstrates the formal continuity of socio-legal techniques that have defined Western legal cultureWestern legal professionals habitually rely on a version of legal history that bolsters their own sway over the present. The legal mythologies undergirding these self-serving proposals are divided between doctrines of law’s immemorial nature, and of its sacred (Roman) origins. Thomas’s de-mythicised jurisprudence, presented in this collection of essays, dismisses these sagas. His work sent seismic waves across the humanities and social sciences, with claims including: Law is not a set of rules, but the operation of legal arguments; lawyers are the agents of the legal denaturalisation of the worldRome is misread as an essentially political entity; the effect exercised on Roman society by its jurists ranks before that of its politiciansDespite a widely accepted opposition between modern labour law and the Roman renting-out of a slave's workforce, there exist unexpected commonalities‘Legal order’ and ‘responsibility’ are among the inventions of modern law; they are not part of the timeless inventory of the world

Table of Contents

Frontmatter -- Contents -- Copyright Acknowledgements -- List of Abbreviations -- Foreword – Operations and Artifices: The Art of the Oldest Legal Professionals -- 1. The Contrivances of Legal Institutions: Studies in Roman Law -- 2. Legal History for Historians: A Presentation -- 3. The Language of Roman Law: Problems and Methods -- 4. The Law between Words and Things: Rhetoric and Case Law in Rome -- 5. Artifices of Truth in the Medieval ius commune -- 6. The Subject of Right, the Person, Nature: Remarks on the Current Criticism of the Legal Subject -- 7. Vitae Necisque Potestas: The Father, the State, Death -- 8. On Parricide: Political Interdiction and the Institution of the Subject -- 9. Act, Agent, Society: Fault and Guilt in Roman Legal Thinking -- 10. The Slave’s Body and its Work in Rome: On Analysing a Juridical Dissociation -- Afterword – A Knowledge Apart -- Biographies of Contributors