Hermeneutics of Roman Law: A Modern Perspective
摘要
Considering the significant impact of Roman law in Europe, Romanist research has long tended to understand the law of the sources as the beginning of a tradition. For a long time, Roman law of antiquity was thus understood mainly in light of its validity in European legal systems. Today, this view can be seen as one-sided. It is correct to consider the history of its impact as a factor of understanding. However, scholars today are called upon to make a more consistent effort to achieve a specifically historical understanding of ancient Roman law. In particular, this means that the law of the sources should not be seen primarily as the beginning of a tradition, but as a result of a process of reception.