4 II: Jakob F. Stagl (Universidad de Chile), The death of the jurist. Aporiai of the ‘biographical approach’

Abstract

The paper offers a critical analysis of the biographical interpretation of Roman law, which by many is considered to be state of the art. According to this method there existed no such thing as “Roman law” as a system but rather a conversation between different authors which are considered to be something like intellectual islands. This approach is incompatible with the sources, has very dubious ideological and methodological foundations, and leads to political conclusions that do not fit in our time. Notwithstanding its ‘progressive’ pretences, it is somewhat reactionary.