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5 - Juristic Reasoning, Citational Practices, and Law at the End of an Empire

from Part II - Law without Order

Published online by Cambridge University Press:  17 July 2025

Zachary Herz
Affiliation:
University of Colorado, Boulder
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Summary

This chapter considers how Severan jurists responded to political crisis. After describing the political dynamics that made jurists such important players in Severan administration, I discuss two rhetorical features of Severan juristic writing: Severan jurists’ tendency to describe jurisprudence in terms of its beneficial effects on the world rather than its elegance or internal morality, and their increasing use of anonymous citational forms like “emperors have written” rather than citing individual authorities by name. These maneuvers reconstructed imperial lawmaking as a static, impersonal field of knowledge and made interpretation, the job of the jurist, into the critical act that constituted Roman legality.

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Chapter
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The God and the Bureaucrat
Roman Law, Imperial Sovereignty, and Other Stories
, pp. 183 - 216
Publisher: Cambridge University Press
Print publication year: 2025

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