Caroline Humfress
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198208419
- eISBN:
- 9780191716966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208419.003.003
- Subject:
- History, European Medieval History
This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for ...
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This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for magistrates, and the iudex as a ‘creative’ interpreter of law.Less
This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for magistrates, and the iudex as a ‘creative’ interpreter of law.
Andrew S. Gold
- Published in print:
- 2020
- Published Online:
- November 2020
- ISBN:
- 9780198814405
- eISBN:
- 9780191851933
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198814405.003.0007
- Subject:
- Law, Law of Obligations, Philosophy of Law
This chapter turns to the problem of self-help. It will also address a potential interpretive objection based on Kantian moral premises. Arguably, rights of redress aren’t legitimately exercisable in ...
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This chapter turns to the problem of self-help. It will also address a potential interpretive objection based on Kantian moral premises. Arguably, rights of redress aren’t legitimately exercisable in a state of nature. The chapter will raise doubts about this objection, and it will suggest that individuals do sometimes have the option of unilaterally redressing the wrongs they have suffered. Where permitted, recaption of chattels and other forms of self-help indicate that private parties are able to undo wrongs while acting on their own behalf. On the view offered here, that can be a legitimate, and even desirable, feature of private law.Less
This chapter turns to the problem of self-help. It will also address a potential interpretive objection based on Kantian moral premises. Arguably, rights of redress aren’t legitimately exercisable in a state of nature. The chapter will raise doubts about this objection, and it will suggest that individuals do sometimes have the option of unilaterally redressing the wrongs they have suffered. Where permitted, recaption of chattels and other forms of self-help indicate that private parties are able to undo wrongs while acting on their own behalf. On the view offered here, that can be a legitimate, and even desirable, feature of private law.
