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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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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?

Chapter:
(p.297) 26 Some Thoughts on the formulae ficticiae of Citizenship in Gaius 4.37: A Form of Reception?
Source:
Judge and Jurist
Author(s):

Laurens Winkel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0026

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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