Practical lawyers are not usually overconcerned with bringing the law into a neat systematical order so that it appears as a logically consistent whole of legal rules and institutions.
For the writer of a textbook, especially if it is an elementary one, this is, however, essential; after all, he has to prevent his student readers from getting lost in a totally indigestible mass of casuistry.
Thus, significantly, it was Gaius who started subdividing the law of obligations in a rational manner. Other classical jurists, if they made any attempt at all,[128] merely enumerated various ways in which obligations could arise. A similar attitude was displayed by them towards the whole of Roman private law: it was also not perceived to constitute an organized system.[129] Abstract conceptualization was not taken beyond the various legal institutions which made up Roman private law, and in Quintus Mucins' and Sabinus' compilations—the latter was based on the former and provided, in turn, the cornerstone for the restatement of the interpretation of civil law in the great commentaries by Paulus and Ulpianus and Pomponius — these institutions were arranged in a "convenient leisurely fashion",[130] dictated by associative thinking rather than methodical reflection. Quintus Mucins' lus Civile has been said to have laid "the foundation not merely of Roman but European jurisprudence"[131] [132] and his main achievement, in the words of Pom- ponius, was: "ins civile primus constituit generatim in libros decern et octo redigendo.1,138 But, however progressive his scheme was by comparative standards, it displays no interest in a logical structuring of the legal material.[133]1.
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