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Latin American LawyersA Historical Introduction$
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Rogelio Perez-Perdomo

Print publication date: 2006

Print ISBN-13: 9780804751261

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804751261.001.0001

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Lawyers and the Civil Law Tradition

Lawyers and the Civil Law Tradition

Chapter:
(p.1) Chapter 1 Lawyers and the Civil Law Tradition
Source:
Latin American Lawyers
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804751261.003.0001

This chapter first addresses the question of who the Roman jurists and lawyers of the classical period were, and how they were trained, before turning to the role of professors and their relations with lawyers. It argues that the roots of the Latin American legal tradition lie more in the academically sophisticated Bologna of Irnerius (1050–1130) than in the Rome of Papinian (c.140–212), because law today is studied at the universities, it is mostly a knowledge contained in books, and professors are important legal actors. Papinian's Rome, in contrast, had no universities or law schools, therefore experience and one-to-one learning was paramount, and law was not a bookish knowledge. Roman law, which was practically reinvented in each era, has provided today's lawyers with a basic conceptual design and a system of beliefs that is not historically true but which has undeniable practical value.

Keywords:   Roman jurists, lawyers, legal profession, law professors, Roman law, Latin America

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