Monday, February 12, 2024

Grice e Scevola

 applied the dialectical methods of, first, dividing and, second, defining. About the method of dividing the material into kinds, 4° the excerpt from Pomponius' Handbook in Digest 1.2.2.41 (test. 73 FSS) tells us that 'Mucius became the first man to divide the civil law into kinds by arranging it in eighteen books. 4* The result would eventually be - as Schiavone put it - a ""metaphysics" of social relations, reduced to a defined number of archetypal models. 42 Here, Pomponius' account appears reliable enough (for its unreliability, see above, Chapter I, section 1.3): elsewhere examples of Mucius' divisions survived. In Gaius' Teaching Manual 1.188 (fr. 24 Lenel, fr. 43 FSS) Quintus Mucius' division of kinds of 'guardianship' (tutela) is preserved:

From this it can be seen how many kinds of guardianship there are. [...J

Some, like Quintus Mucius have said that there are five kinds, others, like Servius, that there are three; others, like Labeo, two.43

In Digest 41.2.3.23, from Paulus, On the Edict, book 54 (fr. 31 Lenel, fr. 55 FSS) Mucius' division with regard to the legal notion of "possession' (possessio) has been preserved, albeit in a hostile version: What Quintus Mucius included among the kinds of possession [.] is truly absurd.

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