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Law in a Reign of Terror

Published online by Cambridge University Press:  28 October 2011

Alan Watson
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Extract

From David Daube I learned Roman law and many other things: inter alia that accepted doctrines and approaches need continual re-examination, that research in one field may illumine another, that limitations because of one's background or upbringing, or in one's academic skills affect one's judgment, and that the connection between life and law is more complex than is usually supposed. A paper dedicated to a beloved and revered master may properly strike a more personal—though not less scholarly—note than is usual; especially when the theme concerns tyranny and the recipient has experienced tyranny and withstood it mightily.

Type
Articles
Information
Law and History Review , Volume 3 , Issue 1 , Spring 1985 , pp. 163 - 168
Copyright
Copyright © the American Society for Legal History, Inc. 1985

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References

1. For an express statement see Daube, D., ‘Fashions and Idiosyncracies in the Exposition of the Roman Law of Property’ Theories of Property, Parel, A. and Flanagan, T., eds., (Waterloo, Ont. 1979), p. 35Google Scholar; also Yaron, R. (a fellow disciple), ‘Semitic Elements in Early Rome’ Daube noster, Watson, A., ed., (Edinburgh, 1974), pp. 343 ff at p. 346Google Scholar.

2. (Edinburgh, Edinburgh University Press, 1977).

3. Cf. Nature of Law, pp. 4ff.

4. Nature of Law, pp. 1ff.

5. Nature of Law, pp. 31ff.

6. For the situation where a government wishes to incite dissidents to internal violence see Nature of Law, p. 14.

7. Nature of Law, p. 73.

8. Nature of Law, p. 114ff.

9. For examples for this paragraph see e.g. Conquest, R., The Great Terror, (London. Macmillan, 1968), pp. 82ff, 116fGoogle Scholar.

10. See Watson, A., ‘Comparative Law and Legal Change’ Cambridge Law Journal 37 (1978), pp. 30ff at pp. 328ffCrossRefGoogle Scholar.

11. Pp. 125ff.

12. Philosophica, 23 (1979), pp. 45fGoogle Scholar.

13. On Justice (Oxford, Clarendon Press, 1980, p. 123Google Scholar).

14. Though that may be a failing in legal positivism.

15. My translation of Aphorismus 1 in his De Justitia Universali.

16. Nature of Law, passim.

17. Nature of Law, pp. 127f.

18. At least this is so for positivists.

19. I am grateful to my friends, Calum Carmichael and Dru Cornell, for helpful criticism.