
"Utilitas" in Roman Jurists' Legal Interpretation
- 265 pages
- English
- PDF
- Available on iOS & Android
"Utilitas" in Roman Jurists' Legal Interpretation
About this book
This study offers a comprehensive analysis of utilitas, a central concept in Roman law, and its pivotal role in shaping legal interpretation. Moving beyond its traditional view as a merely pragmatic tool, utilitas is shown to guide legal outcomes that not only address practical needs but also align with broader ethical values of righteousness and justice. It argues that a complete understanding of utilitas in legal reasoning – both in meaning and function – can only be achieved by synthesizing jurisprudential, philosophical, and rhetorical perspectives. Through this interdisciplinary lens the e-book demonstrates that decisions made utilitatis causa, exceptional in their departure from established legal rules, can only be fully understood through the lens of rhetorical theory of legal interpretation, offering a framework that transcends the limitations of literal interpretation. Contributing to ongoing scholarly discourse in Roman law, legal theory, and philosophy, this study provides fresh insights into a concept that remains central to contemporary discussions of legal interpretation and justice.
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Information
Table of contents
- Cover
- Title
- Imprint
- Acknowledgements
- Table of Contents
- Introduction
- 1 Utilitas: Terminological and Axiological Aspects
- 2 Utilitas as a Guideline for Legal Interpretation
- 3 Utilitatis causa Interpretation
- Conclusions
- Appendix
- Tables, Charts, and Graphs
- List of Abbreviations
- Index of Sources
- References
- Backcover