Forensic Essay

926 words - 4 pages

Overall, though, I believe that Stein is the closest scholar here-mentioned to have accounted for the explanation behind these controversies. The main mistake made by many modern scholars lies in the planning and the research – too much effort is spent on seeking to explain this opposition between the Proculians and the Sabinians in terms of two internally coherent law schools which differ entirely and have held controversies stemming from a specific occurrence. I have personally, as a student of the Roman law, found it difficult in reading the sources and differing theories from scholars to do just this – because, as Scarano Ussani stated, nowhere, in the mass of research that has been done, have any definitive results been reached. As afore-mentioned, I ruled out the political explanation for the purpose of answering this question, and the social explanation does not add a great deal to the debate for me. The theories supporting the social standpoint as addressed in this essay are among the worst for choosing to ignore many of the hard facts in order to make their theory fit better. This leaves only the philosophical and methodological explanations. The philosophical explanation is a reasonably sound one, although as explored above, I do believe that its significance has been largely exaggerated. There is no doubt over the fact that philosophy has played an influential role - even if you only look at Gaius’ ius gentium which contains a certain level of Stoic influence, but as mentioned above there are major differences which have been overlooked slightly in those arguments. The methodological explanation is another seemingly logical one, and the most reliable of all theorems explored in this essay, in my opinion, as it is studied (certainly in Stein’s exploration) almost entirely from the primary source material.

In reality, however, no writer has ever argued a theory which accounts for all of the controversies without being countered. Firstly, the most that any have managed is to explain only a sprinkling of the controversies; nowhere near all twenty-two of them. It is evident to me, after seeking this answer, that there actually is not one explanation which corresponds to them all, and we should not content ourselves, like so many have done, with generally accepting that because one answer fits a handful of the controversies it must some-how relate to them all. This is a fact which is not spoken of or argued enough, in my opinion, because we long so desperately to find the answer that too many students of these modern books become disillusioned into thinking that there must be a definitive one. Many, such as those mentioned above when analysing the socially-inspired explanation, have neglected the emphasis which should be placed upon recognising the real legal problem, within its own context and time. For this to be adhered to we must, whilst ensuring not to study anachronistically, ...

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