When Law Goes Off the Rails, or, Aggadah Among the Iurisprudentes

Critical Analysis of Law 3.1 (2016): 9-29

21 Pages Posted: 31 Mar 2016

See all articles by Ari Z Bryen

Ari Z Bryen

Vanderbilt University - Department of History

Date Written: March 30, 2016

Abstract

The Roman jurists still tend to be read in isolation from their surrounding milieu. This article suggests a way of thinking about them as being in conversation with different constituencies within the Empire who competed with jurists to offer their own contributions to the body of law. In this article, I outline some select moments when jurists acknowledged those competing voices, if only to reject them. To do so, I adapt some recent work from the study of Talmud to read these moments as interruptions within an otherwise staid world of jurisprudence. Specifically, I argue that we might productively think of these moments as “aggadah.”

Keywords: legal history, law and society, classics, roman law

Suggested Citation

Bryen, Ari Z, When Law Goes Off the Rails, or, Aggadah Among the Iurisprudentes (March 30, 2016). Critical Analysis of Law 3.1 (2016): 9-29. Available at SSRN: https://ssrn.com/abstract=2756616

Ari Z Bryen (Contact Author)

Vanderbilt University - Department of History ( email )

VU Station B #351802
2301 Vanderbilt Place, 227 Benson Hall
Nashville, TN 37235-1802
United States

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