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Legal Artifices: Ten Essays on Roman Law in the Present Tense

Yan Thomas author Thanos Zartaloudis editor Anton Sch tz editor

Format:Paperback

Publisher:Edinburgh University Press

Published:31st Aug '23

Should be back in stock very soon

Legal Artifices: Ten Essays on Roman Law in the Present Tense cover

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

"Yan Thomas was the most creative jurist, and the finest historian of Roman law, in his generation. No one did so much to study the language and reveal the thought of the Roman jurists. To have access to his work in English is an invaluable contribution." -Clifford Ando, University of Chicago

ISBN: 9781474446686

Dimensions: unknown

Weight: unknown

360 pages