Legal Artifices: Ten Essays on Roman Law in the Present Tense

This volume collects and translates 10 essays by renowned Roman and legal history specialist Yan Thomas (1943 2008), the most renowned French jurist of the 20th century.

Format: Hardback
Length: 360 pages
Publication date: 30 November 2021
Publisher: Edinburgh University Press

Western legal professionals often rely on a version of legal history that reinforces their own dominance in the present. The underlying legal mythologies supporting these self-serving proposals are divided between doctrines that assert the timeless nature of law and its sacred (Roman) origins. Thomas's de-mythicized jurisprudence challenges these narratives.

The traditional view of legal history held by Western legal professionals is often characterized by a narrative that supports their own power and influence over the present. This narrative is underpinned by two central doctrines: the idea that law is immemorial and has its roots in sacred (Roman) origins. These doctrines serve to reinforce the authority and legitimacy of the legal profession, as they suggest that the law has been passed down through the ages and is derived from a higher source of authority.

However, Thomas's de-mythicized jurisprudence challenges these narratives and undermines the authority of the legal profession. Thomas argued that the law is not immemorial but is instead a product of human creativity and social interaction. He believed that the law is not sacred but is subject to change and evolution as society changes and develops.

One of the key arguments put forth by Thomas was that the legal myths that underpinned the traditional view of legal history were often used to justify the dominance of the legal profession and to maintain the status quo. These myths were used to argue that the law is fixed and immutable, and that it cannot be changed or challenged. By dismissing these myths, Thomas sought to undermine the authority of the legal profession and to promote a more democratic and open approach to law.

Another important aspect of Thomas's de-mythicized jurisprudence was his emphasis on the role of the common law in shaping legal history. Thomas argued that the common law is not a static and unchanging body of law but is instead a dynamic and evolving system that is shaped by the experiences and interactions of individuals and communities. He believed that the common law is not a product of divine inspiration or supernatural forces but is instead a product of human creativity and social interaction.

Thomas's de-mythicized jurisprudence has had a significant impact on the legal profession and on the way that legal history is understood and interpreted. His arguments have challenged the traditional view of legal history and have promoted a more democratic and open approach to law. Thomas's de-mythicized jurisprudence has also had a broader impact on society, as it has challenged the authority of other institutions and systems of power.

In conclusion, Western legal professionals often rely on a version of legal history that bolsters their own sway over the present. The legal mythologies undergirding these self-serving proposals are divided between doctrines of law's immemorial nature and of its sacred (Roman) origins. Thomas's de-mythicized jurisprudence dismisses these sagas and challenges the authority of the legal profession. Thomas's de-mythicized jurisprudence has had a significant impact on the legal profession and on the way that legal history is understood and interpreted. His arguments have promoted a more democratic and open approach to law and have challenged the authority of other institutions and systems of power.

Weight: 544g
Dimension: 147 x 226 x 27 (mm)
ISBN-13: 9781474446679