Document Type

Article

Publication Title

South Carolina Law Review

Abstract

This lecture follows that tradition in part by paying close attention to both the substantive and interpretive rules found in Roman law, giving illustrations of both. It seeks to show the influence that these early formulations have had on modem law, often in quite unexpected ways. The first part is devoted to Roman principles on the acquisition of property and their relationship to disputes of more modem vintage. The second part looks, more briefly to be sure, at questions of constitutional interpretation and suggests that ancient techniques often supply the necessary tertium quid between excessively rigid versions of the "plain meaning" rule and wide-eyed forays into freewheeling constitutional interpretation that are limited only by the imagination of their authors.

First Page

243

Volume

48

Publication Date

1997

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