Remarks on David Daube’s Lectures on Sale, with Special Attention to the Liber Homo and Res Extra Commercium
DAVID DAUBE: A CENTENARY CELEBRATION, Chapter 7, pp. 101-126, E. Metzger, ed., Glasgow: Traditio Iuris Romani, 2010
26 Pages Posted: 10 Jun 2011
Date Written: October 29, 2010
Abstract
This article discusses a collection of lecture notes on the Roman law of sale prepared by David Daube for an advanced course conducted at the University of Aberdeen from 1954 to 1955. The article considers in detail Daube's lecture on the sale of the liber homo and res extra commercium in Roman law. An excerpt from that lecture is attached as an Appendix. His treatment of the subject is unfinished (and unpublished), though it is possible to see how his views might have developed. The final section offers an opinion on Daube's approach to interpreting texts and its value to students.
Keywords: Roman law, emptio venditio, sale, liber homo, res extra commercium, University of Aberdeen
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