TY - JOUR
T1 - Doctrina puerorum Y exceptio Doli. UNA DISCUSIÓN SOBRE ESTRATEGIAS INTERPRETATIVAS
AU - Lazo, Patricio
N1 - Publisher Copyright:
© 2019 Ediciones Universitarias de Valparaiso. All rights reserved.
PY - 2019
Y1 - 2019
N2 - The main purpose of this article is to analyze the interpretation strategies, which underlie the the discussion maintained by Roman lawyers mainly in the first and second century AD, about the education of slaves (doctrina puerorum). More specifically, it deals with the problem of its qualification as an utilis impensa, which could cause an exceptio doli for the defendant against a rei vindicatio. The method of this article is the exegesis of classical juridical sources under a point of view that does not question its authenticity, and that assumes them as an expression of an interpretation strategy. The outcome of this article addresses to an important factor, which would make stronger the qualification of the doctrina puerorum as an utilis impensa, that is, the relevance acquired in the interpretation by the Roman lawyers of the economic value of the doctrina puerorum in the imperial age.
AB - The main purpose of this article is to analyze the interpretation strategies, which underlie the the discussion maintained by Roman lawyers mainly in the first and second century AD, about the education of slaves (doctrina puerorum). More specifically, it deals with the problem of its qualification as an utilis impensa, which could cause an exceptio doli for the defendant against a rei vindicatio. The method of this article is the exegesis of classical juridical sources under a point of view that does not question its authenticity, and that assumes them as an expression of an interpretation strategy. The outcome of this article addresses to an important factor, which would make stronger the qualification of the doctrina puerorum as an utilis impensa, that is, the relevance acquired in the interpretation by the Roman lawyers of the economic value of the doctrina puerorum in the imperial age.
KW - Classical jurisprudence
KW - Doctrina puerorum
KW - Interpretation strategies
KW - Rei vindicatio
KW - Utiles impensae
UR - http://www.scopus.com/inward/record.url?scp=85072726052&partnerID=8YFLogxK
U2 - 10.4067/s0716-54552019000100051
DO - 10.4067/s0716-54552019000100051
M3 - Article
AN - SCOPUS:85072726052
SN - 0716-5455
SP - 51
EP - 68
JO - Revista de Estudios Historico-Juridicos
JF - Revista de Estudios Historico-Juridicos
IS - 41
ER -