Durch Rede zum Recht am Beispiel von Quint. decl. 360
Making Law through Discussion on example of Quint. decl. 360
Author(s): Jakob Fortunat StaglSubject(s): History
Published by: STS Science Centre Ltd
Keywords: Rhetoric; dowry; Quintlian; favor dotis; insolvent decedent’s estate.
Summary/Abstract: Quintilian’s Lesser Declamation 360 deals with an insolvent decedent’s estate. Both, the mother in law and the widowed daughter claim back their dowries. The solution to the problem is the favor dotis. The case and its solution give a very good insight into the relationship between rhetoric and jurisprudence in Rome. Both are far more intermingled than the modern Romanist would like them to be. Therefore, the declamation is to be considered a first rate source of Roman law of dowry.
Journal: Journal on European History of Law
- Issue Year: 4/2013
- Issue No: 1
- Page Range: 2-9
- Page Count: 8
- Language: German
- Content File-PDF