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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 December 2019

The Dating of the lex Aquilia

The Dating of the lex Aquilia

Chapter:
(p.166) (p.167) 17 The Dating of the lex Aquilia
Source:
Judge and Jurist
Author(s):

David Ibbetson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0017

This chapter examines the dating of the lex Aquilia. It discusses basic data on the lex Aquilia; the first chapter of the lex; the third chapter of the lex; and economic and political explanations of the enactment of the lex. It argues that given the rarity of Republican legislation dealing with private law there must have been a strong reason for the enactment of the lex Aquilia, and the upheaval associated with the Secession might provide this. For the first time, the plebeians had the political power to impose their will on the whole populace by way of legislation. If there was a perception that the fixed penalties were too high, so that the person who had suffered the loss was in fact being made richer as a result of it, then it would be perfectly understandable that the plebeians would have chosen to remedy this. The lex Aquilia can genuinely be seen as a poor man's statute.

Keywords:   Roman law, lex Aquilia, private law, dating, plebeians

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