Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
This chapter analyzes the fiction of citizenship in Gaius' Institutes. It suggests that the existence of the fictions in Inst. 4.37 may be explained both as a survival of the legal practice of ancient Roman law, when Rome was still concluding treaties of mutual legal assistance (symbola) with other nations, and as an efficient way of protecting or punishing privileged foreigners in the case of the two principal delicta.
Keywords: citizenship, Gaius' Institutes, mutual legal assistance, delicta
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