Larva Legis Aquiliae: The Mask of the Aquilia Torn off the Action for Damage Done

Description

Christian Thomasius was the founding father of the German enlightenment, and as such initiated a second German "reformation". He was a philosopher, educator and journalist, but above all he was a lawyer. He was extraordinarily successful as an academic teacher and was also a prolific writer. Perhaps best known today for his campaign against witch-hunting, he was, in his day, equally renowned for his study of Roman law, of which the Larva Legis is a single but remarkable example. The text reprinted and translated in this book is notable for three reasons. First because of the eminence and influence of its author; second because of the way in which it illustrates the development of the civilian tradition and its critical assessment by lawyers; and third, because it is a key text within the history of one of the main branches of the European law of obligations. As such it contributed to the establishment of a modern and critical approach towards the law of delict in Europe.

Margaret Hewett is Associate Professor in the department of classical studies at the University of Cape town. Reinhard Zimmermann is Professor of Roman Law and Legal History at the University of Regensburg.

Margaret Hewett, indefatigable translator of Latin works from the European ius commune, and Reinhard Zimmermann, leading German legal historian and comparatist, teamed up to produce this delightful lilttle work It is a happy combination, because both are acknowledged experts in their respective fields and their combined expertise has resulted in a most satisfactory end-product. The book is delightful for many reasons: its enigmatic title, Hewett's flowing and stylish translation, the fresh perspectives it provides into the workings of a first-rate legal mind, and Zimmermann's scholarly and informative essay on Thomasius and the law of his times. I recommend it to all lawyers, academic or practitioner, historian or contemporary, not only because it is short and therefore easily digestible, nor only because it is inexpensive and well produced, but above all because it provides such useful insights into how and why law changes, both in theory and in practice -- Derek van der Merwe, Rand Afrikaans University * Tijdscrift voor Rechtsgeschichte * This book deserves to be warmly welcomed by legal historians and delict lawyers alike. In her excellent translation, Professor Hewett attains her usual high standard of clarity and readability. This fine work of scholarsip is warmly recommended. -- A. Domanski, Univ. of the Witwatersrand, J-burg * South African Law Journal *