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The slave who was slain twice: Causality and the lex Aquilia (Iulian. 86 dig. D. 9,2,51)

Abstract:

D. 9,2,51, in which a slave is slain twice and dies, and where Julian considers both assailants equally liable for killing, has been interpreted in the context of causa superveniens. In that case Julian's opinion becomes contradictory. It is argued that the text should be read in the context of the Stoic theories on causality as current among the jurists in the first centuries AD. In these theories there existed no causa superveniens as of the modern causality theory. As such its application ...

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Publisher copy:
10.1163/157181911X596367

Authors


Journal:
Tijdschrift voor Rechtsgeschiedenis
Volume:
79
Issue:
3-4
Pages:
313-351
Publication date:
2011-01-01
DOI:
EISSN:
1571-8190
ISSN:
0040-7585
Source identifiers:
306999
Language:
English
Keywords:
Pubs id:
pubs:306999
UUID:
uuid:f699343d-17de-47f2-81b4-c602997bb627
Local pid:
pubs:306999
Deposit date:
2014-09-17

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