Grice ed Ubaldi

 Pietro degli Ubaldi  (d. 1499) did not write a philosophical work titled "Two brothers" in the modern literary sense. The reference is almost certainly to his major legal treatise, the "Tractatus de duobus fratribus et aliis quibusdam sociis" (Treatise on the two brothers and certain other associates), which is a classic work on early corporate and commercial law.    Detailed Analysis and Philosophical Importance This treatise deals with the legal discipline relating to the formation, management, and dissolution of partnerships or companies (societas). Its importance for philosophy and law lies in its detailed examination of the nature of these associations, particularly in how it handles the "will of the contractors" (the will of the parties).  The philosophical and legal contributions include: Autonomy of the Will: In an era when many legal relationships were heavily determined by custom, status, or formal requirements inherited from Roman law, Pietro's work contributed to the developing idea that the terms of an agreement should primarily be governed by the genuine intentions and free will of the contracting parties. This concept, known as the "will theory" or "autonomy of the will" in later legal philosophy, posits that contractual obligations are legitimate because the individuals freely consented to them. Consensualism vs. Formalism: The treatise helped move the law away from rigid formalism (where specific words or forms were essential for a contract to be valid) towards consensualism, where the mere consent of the wills of the parties was sufficient to create binding obligations. This was a significant development building upon the revival of Roman law in the Middle Ages. Framework for Business Associations: By providing a detailed legal framework for partnerships, the treatise helped facilitate complex commercial activities during the Renaissance. It addressed practical issues of management, liability, and profit-sharing based on the specific agreements made by the partners, thereby stressing the centrality of their mutual will in defining their legal relationship. Individual Liberty in Contracts: The emphasis on the contractors' will is a philosophical precursor to later liberal ideas about individual autonomy and the role of contract law in allowing individuals to control their affairs and bind themselves effectively for future conduct.  In summary, Pietro degli Ubaldi's "Tractatus de duobus fratribus" is a foundational text in commercial law that is philosophically significant because it strongly advocates for the principle that the terms and validity of agreements, especially partnerships, should be derived from the genuine, free will of the contractors.