The Proculeian or Pegasian school was one of the two most important schools of law in ancient Rome during the 1st and 2nd centuries.
8-416: The Proculeians originally took their name from the prominent jurist Proculus , but later came to often be called "Pegasians" after the prominent Proculeian Plotius Pegasus . However, the tradition on which the school was based comes from the jurist Marcus Antistius Labeo . Labeo spent half the year convening sessions at actual schools with regular students, who then carried forth his views and perspectives on
16-619: Is perhaps why the schools came to be named after later prominent disciples and students, and not after their originators (the Proculeian school being named after Proculus but originated by Labeo, and the Sabinian school being named after Masurius Sabinus but originated by Gaius Ateius Capito ). The Roman legal compendium known as Digest records many decisions in which the Proculeians advocated. Among these were: The rivalry with
24-401: Is unknown. He apparently wrote at least eight books of legal epistles . Passages from his writings are repeatedly cited in legal digests, where his opinion is given in matters of dispute. Proculus appears to have developed the interpretations of the earlier jurist Marcus Antistius Labeo , on whose work he is said to have written a commentary. Though Proculus did not always agree with Labeo,
32-487: The Sabinians ended in the 2nd century CE when the two schools either merged or disappeared, or were united under the 3rd century's leading legal mind, Papinian . Proculus (jurist) Proculus ( fl. 1st century CE) was an ancient Roman jurist who founded a distinctive tradition of the interpretation of Roman law. His followers were known as the "Proculiani", or Proculeans , after him. The full name of Proculus
40-458: The law. They were often contrasted with the Sabinian school , a rival school operating in roughly the same time and place, and were (very generally) considered the more progressive of the two, while the Sabinians were seen as more advocates of legal conservatism. Proculeians were thought to "push a legal principle to all its logical consequences," and the legal tradition they inherited from Labeo
48-410: The original owner of the wood retained ownership, while Proculus argued that the form is more important than the material substance and therefore the artist owned it as he had made something new. This debate was later commented on by David Hume and Adam Smith . Proculus appears to have lived during the late Julio-Claudian period, and is said to have practiced law under Nero . He may be identical to
56-452: The two were usually paired in contrast with an alternative tradition identified with Ateius Capito and Masurius Sabinus , who founded the rival Sabinian school of interpretation, which was typically more conservative and rigid. The most famous topic of disagreement concerned the ownership of materials used to make something. Sabinus held that if an artist created a valuable painting or sculpture on wood of little value owned by another person,
64-407: Was one of liberalism influenced by a keen understanding of the science of the day. The Proculeians tried to enlarge the scope of Roman law, and tried to push legal innovations into practice such as were suggested by their liberal philosophy and the principles of reason. The progressive and conservative natures of the schools increased over time, and there came to be wider chasms between the two, which
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