This essay attempts to reconstruct the role of the jurist Atilicinus, who lived in the first century A.D., within the history of jurisprudential Thought, through the interpretation of his controversial opinion, to demonstrate his not obvious marginality. In particular, it examines a well-known passage from the Justinian Institution, I. 2.14.pr., in which Atilicinus seems to support the validity of the hereditary institution of the slave even in the absence of the concomitant, expressed, freedom clause. In the passage the opinion of the jurist is invoked by the imperial chancellery to justify the same innovative interpretation, recognizing that Atilicinus had much greater prestige than until the majority of scholars has been willing to give him.
ATILICINO E L’INSTITUTIO HEREDIS DEL SERVUS ‘SINE LIBERTATE’
marina Frunzio
2019
Abstract
This essay attempts to reconstruct the role of the jurist Atilicinus, who lived in the first century A.D., within the history of jurisprudential Thought, through the interpretation of his controversial opinion, to demonstrate his not obvious marginality. In particular, it examines a well-known passage from the Justinian Institution, I. 2.14.pr., in which Atilicinus seems to support the validity of the hereditary institution of the slave even in the absence of the concomitant, expressed, freedom clause. In the passage the opinion of the jurist is invoked by the imperial chancellery to justify the same innovative interpretation, recognizing that Atilicinus had much greater prestige than until the majority of scholars has been willing to give him.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
