INTRODUCTION
In E. M. Forster’s novel A Room with a View,[659] the management of Pensione Bertolini does not provide the rooms with the promised views on the river to Lucy Honeychurch and her chaperone Charlotte Bartlett.
Mr Emerson, another guest, interrupts the altercation, saying ‘I have a view, I have a view... This is my son... He has a view, too’. It can be argued that the text has a double meaning and that the novel deals with the philosophical view of life of the Emersons.[660] Projected onto Roman law, the metaphor of the ivory tower[661] is by now flogged to death, but the question may be asked whether this tower had windows and what views did the occupants have? Romanists and legal historians may have been unaware of Thomas Kuhn,[662] but his theory would hardly have come as a revelation to their ranks, as it has been common cause that since the days of the glossators the second life of Roman law has been characterised by a variety of paradigms, succeeding one another or co-existing.[663] The common denominator of the majority of these ‘schools’ has been that Roman law played handmaiden to legal theory.This entailed that all rooms faced the same direction in the hope of lucre, appointments, relevance and utility. In consequence, the immediate purpose of Roman law from the late Middle Ages onwards has been to develop a coherent and logical legal system as well as the harmonisation of local law within this system. Achievement of this objective was possible on account of the dominant position of Roman law in academic legal education. The resulting development of Western-European legal science achieved communes opiniones on most essential points, which became codified in the European and derivative codes. Internal contradictions had been argued away by finesses of the glossators or manipulation of texts. Much valuable research was labelled antiquarian by ruling dogma.
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More on the topic INTRODUCTION:
- Domingo Rafael. Roman Law: An Introduction. Routledge,2018. — 252 p., 2018
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- Nicholas Barry, Metzger Ernest. An Introduction to Roman Law. Oxford University Press,1976. — 317 p., 1976
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