Cicero’s Responsibilizing Narrative and Moral Decision Making in Roman Law
Cicero’s Responsibilizing Narrative and Moral Decision Making in Roman Law
Author(s): Margot Callewaert, Mitja KovačSubject(s): History of Law, Ethics / Practical Philosophy, Ancient World, Ancient Philosphy, Philosophy of Law, Comparative Law, Roman law
Published by: Evropská společnost pro právní dějiny, z.s.
Keywords: Moral reasoning; narratives; fraud; Cicero; Roman law.
Summary/Abstract: The question of the circumstances under which an individual has a duty to disclose valuable information unknown to the person with whom she bargains represents one of the most puzzling and extensively debated legal issues. This question has fascinated scholars in philosophy, law and history from ancient times and has produced an impressive amount of literature, decisions and comments. This paper overcomes an old legal and moral crux and critically examines the disclosure duties of ancient Roman law and in particularly the famous Cicero’s decision on the famine at Rhodes. Moreover, paper suggests that Cicero’s moral judgement and its centuries long circulation via the extensive network of narratives spread widely and influenced the development of the modern legal regimes around the globe. Finally, paper argues that Cicero’s responsibilizing narrative is an instrument of mind and its circulation among lawyers and legal scholars helped to develop and sustain better social and legal norms.
Journal: Journal on European History of Law
- Issue Year: 16/2025
- Issue No: 1
- Page Range: 10-24
- Page Count: 14
- Language: English