Fish and fishing in the Roman world

This article focuses on two aspects related to fish and fishing. It first discusses the social context for the consumption of preserved and fresh fish, showing that generally consumption of certain types of fresh fish conferred status, whereas consumption of preserved fish, being more affordable, was attested across social strata. The paper then moves on to examine the organization of the ‘fishing industry’, specifically the relationship between fish-salting establishments and the fishermen who provided the fish. Although we have many literary, documentary, and archaeological sources for fish preservation and fishing techniques in classical antiquity, the fishermen engaged in large-scale fishing remain rather elusive

The slave who was slain twice: Causality and the lex Aquilia (Iulian. 86 dig. D. 9,2,51)

D. 9,2,51, in which a slave is slain twice and dies, and where Julian considers both assailants equally liable for killing, has been interpreted in the context of causa superveniens. In that case Julian's opinion becomes contradictory. It is argued that the text should be read in the context of the Stoic theories on causality as current among the jurists in the first centuries AD. In these theories there existed no causa superveniens as of the modern causality theory. As such its application is ill at place here. Instead, in applying these Stoic theories Julian's view can be explained as his attributing a causa antecedens to the first assailant, with full imputation of the effect of the subsequent causa principalis to him, and attributing a causa adiuvans to the second assailant, while valuing at the same time the latter not just as a reinforcing cause but also as a causa mortis and a full effective cause. For other jurists the latter evidently went too far. © 2011 Martinus Nijhoff Publishers

Legal science and law in Late Antiquity Gaul and Africa

Liebs has treated of legal science in Late Antiquity in two books, one on Africa, the other, recently reedited, on Gaul. As a result of his method we dispose now of valuable displays of the status quo, indicating that the level of jurisprudence was still acceptable; although regarding the Pseudopauline Sentences it is still unclear from which sources the author drew. Weßel, a pupil of Liebs', has analysed in detail the Tablettes Albertini, purchase deeds of land in Africa under the Vandal kings. In many cases he could refute the speculation by Saumagne (the first editor of these texts). Despite Weßel's contention, the farmers of Tuletanios cannot be identified with the coloni adscripticii of the 4th and 5th century, nor the conductores of the culturae mancianae of the 2nd century AD with the emphyteuticarii of later times. But Weßel's analysis shows in any case, that the law in those days was certainly not vulgarised: the sale does not distinguish itself basically from the classical law of sale. © 2007 Martinus Nijhoff Publishers

The decisiën of Pieter Ockers (1628-1678)

Pieter Ockers (1628-1678), who was a member of first the Court and then the Supreme Court of Holland, Zeeland and Westfriesland, left at his death two collections of writings. One consists of again three selections: of decisions of the Court in the period 1656-1669, of decisions of the Supreme Court in the period 1669-1678, and reworked Latin versions of decisions of the second selection. It has been uncertain whether he was the author of these selections, but it is now established by the fact, that, first, he assisted at all here recorded sessions of the Supreme Court still traceable in the archives and, secondly, that he was the only councillor to have assisted at all these traced sessions. This manusceript is now available in an edition by H.C. Gall and, though not impeccable, makes the texts well accessible. Particularly the deciphered references to literature, which Ockers added, are a boon. The other collection, an autograph, consists of 22 exercises in Roman Law, mainly in the law of inheritance, apparently meant to keep himself sharp

The decisiën of Pieter Ockers (1628-1678)

Pieter Ockers (1628-1678), who was a member of first the Court and then the Supreme Court of Holland, Zeeland and Westfriesland, left at his death two collections of writings. One consists of again three selections: of decisions of the Court in the period 1656-1669, of decisions of the Supreme Court in the period 1669-1678, and reworked Latin versions of decisions of the second selection. It has been uncertain whether he was the author of these selections, but it is now established by the fact, that, first, he assisted at all here recorded sessions of the Supreme Court still traceable in the archives and, secondly, that he was the only councillor to have assisted at all these traced sessions. This manusceript is now available in an edition by H.C. Gall and, though not impeccable, makes the texts well accessible. Particularly the deciphered references to literature, which Ockers added, are a boon. The other collection, an autograph, consists of 22 exercises in Roman Law, mainly in the law of inheritance, apparently meant to keep himself sharp

Furtum and manus/potestas

The nature of furtum has been subjected to various interpretations, often with the assumption that this delict changed in nature between the Twelve Tables and end of the 2nd century A.D. It is submitted here that the delict was originally an intrusion upon the power (manus, potestas, dominium) of the pater familias and in its most acute form (furtum manifestum) punished with a religious sanction, viz. treating the fur as sacer. The same sanction is found in the Twelve Tables for other delicts, connected with the power of the pater familias. Since manifest furtum always implied that the fur was caught red-handed, desacralisation of the delict led to a reduction of this constellation to a mere being caught in the act. Assuming this to have been the original nature of furtum explains the forms of furtum usus and possessionis. © 2013 Koninklijke Brill NV, Leiden

Legal science and law in Late Antiquity Gaul and Africa

Liebs has treated of legal science in Late Antiquity in two books, one on Africa, the other, recently reedited, on Gaul. As a result of his method we dispose now of valuable displays of the status quo, indicating that the level of jurisprudence was still acceptable; although regarding the Pseudopauline Sentences it is still unclear from which sources the author drew. Weßel, a pupil of Liebs', has analysed in detail the Tablettes Albertini, purchase deeds of land in Africa under the Vandal kings. In many cases he could refute the speculation by Saumagne (the first editor of these texts). Despite Weßel's contention, the farmers of Tuletanios cannot be identified with the coloni adscripticii of the 4th and 5th century, nor the conductores of the culturae mancianae of the 2nd century AD with the emphyteuticarii of later times. But Weßel's analysis shows in any case, that the law in those days was certainly not vulgarised: the sale does not distinguish itself basically from the classical law of sale

Bijnkershoek over de 'quade conduites' van Huibert Rosenboom, president van de Hoge Raad (1691 - 1722): Een bijdrage op grond van tot dusverre onuitgegeven teksten uit de observationes tumultuariae (als bijlage toegevoegd)

The volumes of the manuscript of the Observationes tumultuariae of Cornelis van Bijnkershoek (1673 - 1743) contain loose leaves and endleaves with notes by his hand. Some of these notes, in particular those on the endleaves of volumes IX-XIV, have already been published. Among the unpublished notes, Bijnkershoek's observations on malpractices of President Rosenboom and his fellow judges in the Supreme Court of the provinces of Holland and Zeeland are of special interest: they constitute the basis of the present article. In an appendix the text of these observations is published together with the full text of the endleaves of volumes I-VIII, concerning other everyday matters of the Court. © 2008 Martinus Nijhoff Publishers