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Chapter Summary

The Sabinians and the Proculians were considered as 'schools of thought' in modern literature. By and large, modern scholars have sought to explain the antagonism between the schools as a confrontation between two opposing traditions, assuming that the positions of the Sabinians and those of the Proculians were internally consistent. This one-sided way to interpret the opposition of the schools reveals the impact of the dogmatic approach to Roman law. In modern literature, all sorts of attempts have been made to explain the controversies between the schools in terms of a foundational theory behind each school. However, these attempts of modern scholarship to disclose the alleged foundational theory of the schools have made them underplay the legal character of the controversies. The analysis of the controversies has indicated that there was no internal consistency among the positions of the Sabinians or among the positions of the Proculians.

Keywords: modern literature; Proculians; Roman law; Sabinians; Voigt's theory



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