Quaestiones (Roman jurisprudence)
As quaestiones (from Latin quaestio , question ' ), the ancient history of law describes a type of textbooks that were mostly written under this title in the classical period of Roman jurisprudence . They are characterized by a special presentation method that is approximately in Seneca naturales quaestiones place and which builds on older rhetorical concepts. Here, a speaker introduces his pupil to the legal system by asking further questions, highlighting problems and discussing traditional opinions. It is unclear to what extent this corresponds to an actual oral teaching practice. Corresponding works come from Papinian and Sextus Caecilius Africanus .
The quaestiones arose from the teaching of lawyers . They belonged to the classic problem literature and shaped the upscale law lessons , whereas beginners were taught with the institutiones (beginners' textbooks). The treatment of the topics was mostly based on the praetoric edict .
literature
- Ulrike Babusiaux : Papinians Quaestiones. On the rhetorical method of a late classical lawyer (= Munich contributions to papyrus research and ancient legal history. Issue 103). CH Beck, Munich 2011, ISBN 978-3-406-62448-3 .
- Jan Dirk Harke (Ed.): Africani quaestiones. Studies on the history and dogmatics of private law. Springer, Heidelberg 2011, ISBN 978-3-642-04452-6 .
- Herbert Hausmaninger , Walter Selb : Roman private law . Böhlau Verlag, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 38–46.