Bruce W. Frier
- Published in print:
- 2021
- Published Online:
- June 2021
- ISBN:
- 9780197573211
- eISBN:
- 9780197581117
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197573211.003.0001
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
The Introduction surveys the development of Roman contract law through the Edict of the Urban Praetor and the writings of the Roman jurists. Emphasis is particularly on three concepts central to the ...
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The Introduction surveys the development of Roman contract law through the Edict of the Urban Praetor and the writings of the Roman jurists. Emphasis is particularly on three concepts central to the overall architecture of Roman contract law: consensus (agreement); bona fides (good faith); and, to a more limited extent, causa (cause or reason for contracting). The law of contracts is placed in the more general framework of obligation and debt. This rich intellectual heritage relates directly to the character of the Roman economy as it developed from the archaic period to the Empire. Finally, the introduction discusses late imperial handling of Roman contract law.Less
The Introduction surveys the development of Roman contract law through the Edict of the Urban Praetor and the writings of the Roman jurists. Emphasis is particularly on three concepts central to the overall architecture of Roman contract law: consensus (agreement); bona fides (good faith); and, to a more limited extent, causa (cause or reason for contracting). The law of contracts is placed in the more general framework of obligation and debt. This rich intellectual heritage relates directly to the character of the Roman economy as it developed from the archaic period to the Empire. Finally, the introduction discusses late imperial handling of Roman contract law.
Marc Flandreau
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780226360300
- eISBN:
- 9780226360584
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226360584.003.0007
- Subject:
- Anthropology, Anthropology, Global
This chapter provides an account of the “bona fides” man in Victorian Britain. It elaborates on a heretofore unnoticed parallel between financial history and the history of sciences. Both separately ...
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This chapter provides an account of the “bona fides” man in Victorian Britain. It elaborates on a heretofore unnoticed parallel between financial history and the history of sciences. Both separately emphasize the role of certain forms of sociability (in particular something conventionally referred to as “gentlemanliness”) and their relation to trust. This chapter provides an economic interpretation to the parallel, underscoring that, seen as a social technology, gentlemanliness served an identical purpose in both science and finance: It helped to make statements credible. This explains the overlap between scientific truths and financial truths and enables one to explain the sociological aspects of the disputes between the Anthropological Society and the Ethnological Society and the ritualization of scientific performances.Less
This chapter provides an account of the “bona fides” man in Victorian Britain. It elaborates on a heretofore unnoticed parallel between financial history and the history of sciences. Both separately emphasize the role of certain forms of sociability (in particular something conventionally referred to as “gentlemanliness”) and their relation to trust. This chapter provides an economic interpretation to the parallel, underscoring that, seen as a social technology, gentlemanliness served an identical purpose in both science and finance: It helped to make statements credible. This explains the overlap between scientific truths and financial truths and enables one to explain the sociological aspects of the disputes between the Anthropological Society and the Ethnological Society and the ritualization of scientific performances.
Nils Jansen and Reinhard Zimmermann
- Published in print:
- 2018
- Published Online:
- March 2021
- ISBN:
- 9780198790693
- eISBN:
- 9780191927829
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198790693.003.0008
- Subject:
- Law, EU Law
The modern law of contract is based on the idea of contractual freedom. In particular, parties are free to determine their (mutual) duties themselves (above, Art 1:102). This freedom is not, in ...
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The modern law of contract is based on the idea of contractual freedom. In particular, parties are free to determine their (mutual) duties themselves (above, Art 1:102). This freedom is not, in principle, restricted to certain issues but includes and extends to all means and modalities of performance. Often, however, parties will not address all questions relating to performance in their contract.
Less
The modern law of contract is based on the idea of contractual freedom. In particular, parties are free to determine their (mutual) duties themselves (above, Art 1:102). This freedom is not, in principle, restricted to certain issues but includes and extends to all means and modalities of performance. Often, however, parties will not address all questions relating to performance in their contract.
