Legal Artifices: Ten Essays on Roman Law in the Present Tense PDF
by Yan Thomas
Edited by Thanos Zartaloudis, Cooper Francis
Part of the Encounters in Law & Philosophy series
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Description
The first English-language anthology of Yan Thomas, whose contributions to Roman law revolutionised legal scholarship
- Collects and translates 10 essays by Yan Thomas (1943–2008), the most renowned French jurist of the 20th century
- Provides a juridical perspective on the genealogy of the Western subject and the elementary conditions for the exercise of power
- Builds on the growing interest in Thomas’ work generated by recent engagements, such as in Giorgio Agamben’s Homo Sacer series
- Demonstrates the formal continuity of socio-legal techniques that have defined Western legal culture
Western 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 world
- Rome is misread as an essentially political entity; the effect exercised on Roman society by its jurists ranks before that of its politicians
- Despite 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
Information
-
Download - Immediately Available
- Format:PDF
- Pages:360 pages
- Publisher:Edinburgh University Press
- Publication Date:20/08/2021
- Category:
- ISBN:9781474446693
Other Formats
- Hardback from £75.19
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Information
-
Download - Immediately Available
- Format:PDF
- Pages:360 pages
- Publisher:Edinburgh University Press
- Publication Date:20/08/2021
- Category:
- ISBN:9781474446693
