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Gaius I, 166. ‘Tutela parentis manumissoris’
Published online by Cambridge University Press: 24 September 2012
Extract
The recent discovery of a considerable fragment of the fourth Book of Gaius has shown us that the Veronese Codex, the only MS of the book that we possess, apart from some fragments, is not complete. A lengthy passage has dropped out, whether by accident or by intentional omission does not greatly matter. This has strengthened the hands of those who desire to insert passages on the ground of the fact that, in the opinion of the writers, they ought to be there. But additions of this kind should be made charily, for we do not really know the attitudes and the changes of attitude of the lawyers of the first three centuries of the Empire well enough to be quite sure of what they could and what they could not have said. This may be a justification for a renewed examination of an insertion, long ago suggested, and now widely if not universally accepted, in Gaius i, 166.
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- Copyright ©W. W. Buckland 1943. Exclusive Licence to Publish: The Society for the Promotion of Roman Studies
References
1 First published by Ruiz, Arangio in Papiri greci e latini xi, 1935, 1–52Google Scholar ( = PSI 1182) and since by Levy, in Zeitsckr. Sav.-Stift. liv, 1934Google Scholar, Roman. Abt. 258–311. See also Zulueta, de in JRS xxiv, 168Google Scholar ff.; xxv, 19 ff.; xxvi, 174 ff.
2 On the question whether the Liber singularis is the work of Ulpian or of another, even Gaius, as has been maintained, or whether its compiler used Gaius or merely went to the same sources, see Buckland, LQR 1922, 38 ff., and 1924, 185 ff., for discussion and reff. to literature.
3 Cours de Droit Romain 3 i, 368.