ANCIENT ROOTS OF TIPICAL JURISPRUDENCE
ANCIENT ROOTS OF TIPICAL JURISPRUDENCE

Summary/Abstract: The peak of the development of the Roman jurisprudence was achieved in the 2nd and 3rd century which, since the time of Irnerius, has been called the Classical period of Roman jurisprudence. Treating the law casuistically classical Roman jurists avoided to develop a system based on notions and definitions. Different opinion was previously expressed by Cicero who emphasized dialectical nature of legal reasoning. Therefore it is not surprising that Cicero, when evaluating the work of Quintus Mucius Scaevola and Servius Sulpicius Rufus, gives priority to the latter because he mastered dialectic. Cicero's thought about the dialectical method of legal reasoning was influenced by Aristotle who was the founder of dialectical syllogism – a method of reasoning from commonly held opinions. Cicero noticed that in organizing, presenting, and analyzing legal material there was considerable room for improvement. He thought that the method of dialectical reasoning could help jurisprudence to argue reflectively, in a systematic and abstract way. Therefore Cicero's book of Topica could be understood as a proposal for a reform of legal thinking of his time.

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