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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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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Numero 88 in Potsdamer altertumswissenschaftliche BeiträgeKieli:
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Muoto:
Memory and Religious Experience in the Greco-Roman World
Divination in the Ancient World : Religious Options and the Individual
Religious Associations in the Post-Classical Polis
Ruling the Greek World : Approaches to the Roman Empire in the East
Citizenship and Empire in Europe 200–1900 : The Antonine Constitution after 1800 years
The Gods of Greek Hexameter Poetry : From the Archaic Age to Late Antiquity and Beyond
Burial Rituals, Ideas of Afterlife, and the Individual in the Hellenistic World and the Roman Empire
Norm and Exercise : Christian asceticism between late antiquity and early middle ages
Signs of weakness and crisis in the Western cities of the Roman Empire (c. II–III AD)
From "Roma quadrata" to "la grande Roma dei Tarquini" : A Study of the Literary Tradition on Rome's Territorial Growth under the Kings
Cicero and Roman Religion : Eight Studies
Pervading Empire : Relationality and Diversity in the Roman Provinces