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209 COMPTES RENDUS D. NöRR, Causa mortis, Auf den Spuren einer Redewendung. [Munchener Beiträge zur Papyrusforschung und Antiken Rechtsgeschichte, 80]. Beck, München 1986. X + 228 S. This book studies a particular question of legal causation, namely the distinction be- tween direct and indirect killing expressed in the Roman sources as occidere and mortis causam praestare. The author's perspective is both historical and analytic in that it not only analyses the reasoning of the jurists who predicate decisions upon a causam mortis praestare but traces the history of this notion both in Roman legal sources and also in Greek law. Indeed he extends his net wider to cover the treatment of the distinction in philosophi- cal and rhetorical literature, with the object of determining what can be learnt of reciprocal influence from one branch of learning to the other. The study is characterised by a fine sen- sitivity to the nuances of language, meticulous scholarship and scrupulous care in the ex- amination of the sources. The substance of the book concerns the role of the causam mortis praestare formula in the context of the Sullan lex Cornelia de sicariis and the lex Aquilia. Yet this is prefaced by
The Legal History Review / Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit – Brill
Published: Jan 1, 1988
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