- ホーム
- > 洋書
- > ドイツ書
- > Humanities, Arts & Music
- > History
- > antiquity
Description
This study offers a comprehensive analysis of utilitas, a central concept in Roman law, and its pivotal role in shaping legal interpretation. Moving beyond its traditional view as a merely pragmatic tool, utilitas is shown to guide legal outcomes that not only address practical needs but also align with broader ethical values of righteousness and justice. It argues that a complete understanding of utilitas in legal reasoning - both in meaning and function - can only be achieved by synthesizing jurisprudential, philosophical, and rhetorical perspectives. Through this interdisciplinary lens the book demonstrates that decisions made utilitatis causa, exceptional in their departure from established legal rules, can only be fully understood through the lens of rhetorical theory of legal interpretation, offering a framework that transcends the limitations of literal interpretation. Contributing to ongoing scholarly discourse in Roman law, legal theory, and philosophy, this study provides fresh insights into a concept that remains central to contemporary discussions of legal interpretation and justice.
Joanna Kulawiak-Cyrankowska is an Assistant Professor in the Department of Roman Law at the University of Lodz, Poland. While Roman jurisprudence is her primary focus, she also enjoys exploring legal references in literature and teaching Latin in Latin.
