The paper outlines the theoretical achievements of the work of the Dutch historian Jan Romein and the legal historian and romanist Hoetink, which have become common wisdom in time. However, application of new insights into historical narratives has often been hesitant because of the “anything goes” mentality. This paper approaches one of Roman law’s holy cows, namely the role and development of good faith in the Roman law of contracts and questions whether a move from historical interpretation to legal history may provide another narrative.
The article deals with the work of Heinrich von Kleist (1777–1811) in terms of its relation to the problems of “law and literature”. It focuses on the fact that this German writer belongs to those great creators who attached extraordinary care to the question of law and justice in his work. At first, the paper deals shortly with the life of this important figure of the German letters. Then the main attention is paid to the nouvelle “Michael Kohlhaas” which might be considered as the most important of his works related to the “law and literature” topic. This is given especially by the general preset of the story in which the main hero fights for the achievement of the justice tirelessly even at the cost of sacrificing his family's happiness and his life. Next part of the paper makes us familiar with certain aspects of the plot. Finally, the other works of Kleist related to the problems of “law and literature” and legal questions involved are analyzed.
Book review on Vzpomínky na T. G. Masaryka. Brno: Masarykova univerzita, 2021, 63 s. and Tož poslouchejte, jak jsme budovali republiku. Brno: Masarykova univerzita, 2021, 251 s.
This paper deals with the portrayal of slavery in the specific chapter of Petronius’ Satyricon. The main aim of the paper is to compare the information we gain about slavery from the legal sources with the way these institutions are then portrayed within the Satyricon. Specifically, the paper focuses on the legal aspects of entry into slavery (birth, self-sale), transfer of ownership (sale and warranty for goods) and manumission.
With the help of some texts of Greek philosophers the ambivalent history of natural law philosophy is illustrated with its consequences for the rising notion of political theory and international law. Universalism and Stoic philosophy form the intellectual background for the rising Roman empire. Special attention is paid to the history of the textual transmission of some important philosophical texts, an aspect which is very often neglected.
Wishful Thinking; the Role and Development of Good Faith in the Roman Law of Contracts