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By Henry Sumner Maine

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There are however cases of more direct influence. e. , the early history of which is obscure, owed their recognition to the jurists of the later Republic. But in all this there was no suggestion of any formal authority. Augustus made a change by introducing the tus respondendi, by which some, probably only a few, privileged jurists could give sealed responsa under the authority of the Emperor, and Hadrian made these responsa binding if they were all agreed. We cannot go into the 1 On the old interpretatio, Jolowicz, cit, pp.

There are however cases of more direct influence. e. , the early history of which is obscure, owed their recognition to the jurists of the later Republic. But in all this there was no suggestion of any formal authority. Augustus made a change by introducing the tus respondendi, by which some, probably only a few, privileged jurists could give sealed responsa under the authority of the Emperor, and Hadrian made these responsa binding if they were all agreed. We cannot go into the 1 On the old interpretatio, Jolowicz, cit, pp.

The underlying principles are there and sometimes come to the surface, but it has been left to modern Romanists to work them out, and it is not surprising that in setting them forth for the purposes of the modern Roman law they have often arrived at principles which are not Roman law at all. Nothing could be more unlike the method of Papinian than that with which Windscheid started on his great work. The 'Willenstheorie* which pervades his Allgemeiner Teil (it is much less traceable in the detailed treatment of the law) is not Roman at all.

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