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4 - Semantic Legal Ordering

Idealizing Roman Law

Published online by Cambridge University Press:  04 June 2021

Laura R. Ford
Affiliation:
Bard College, New York
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Summary

This chapter focuses on the period of Roman history in which the empire emerged. The famous historical personalities of Caesar and Cicero are sketched to contrast two prevailing methods of acquiring social power in ancient Rome: charismatic leadership of soldiers, as exemplified by Caesar, and rhetorical persuasion in accordance with formalistic rules, as exemplified by Cicero. In one published speech by Cicero we see very close counterparts to intellectual property in ancient Rome: a situation in which a foreign-born poet has been granted Roman citizenship in order to reward his poetic services to the state, described metaphorically as property. We then see how this basic pattern of granting privileges in order to inventivize valued behaviors was systematically utilized by Roman emperors, as they sought to transform the institutional structures of the republic into an institutional structure over which they exercised more autocratic levels of control. Within the classical, imperial framework of Roman law, jurists recognized important forerunners to intellectual property. Many centuries later, these would become the foundation for modern intellectual property.

Type
Chapter
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The Intellectual Property of Nations
Sociological and Historical Perspectives on a Modern Legal Institution
, pp. 114 - 143
Publisher: Cambridge University Press
Print publication year: 2021

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  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.006
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Semantic Legal Ordering
  • Laura R. Ford, Bard College, New York
  • Book: The Intellectual Property of Nations
  • Online publication: 04 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108182935.006
Available formats
×