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Olim tradita fuerunt? On the obsoleteness of the sollemnia verba in Inst. 3.15pr.

100%

Yiftach U.

The Journal of Juristic Papyrology

2021

issue 51

169-187

According to the classical dogma, the act of stipulatio was performed through the exchange of sollemnia verba, which were, according to my working hypothesis, verbs introducing the duty to perform a future act, a concept lucidly displayed by Pomponian (Dig. 45.1.5.1), hence the ‘Pomponian tenet’. Documents preserved on papyrus, composed by ‘new-Romans’ after the Constitutio Antoniniana, exhibit a completely different concept: a stipulation-clause confirming a past, contractually significant activity. It is asked (but not conclusively answered) to what extend this alternative formulation has paved the way to the abandonment of the ‘Pomponian tenet’ by the emperor Leo in 472 ce (CJ 8.37.10). As we draw from Justinian’s interpretation of CJ 8.37.10 in Inst. 3.15.1, the sollemnia verba, the use of which became outdated after Leo, was not the language of the stipulation-clause as incorporated in the written documentation of the contract, but that of the act of stipulatio, which, as before, was meant in the keep verbal.

On the Synthetic Content of Implicit Definitions

72%

Christopoulou D.

Logic and Logical Philosophy

2013

vol. 22

issue 1

75-88

This paper addresses the issue of stipulation in three cases of implicit definitions (postulates of scientific terms, systems of axioms and abstraction principles). It argues that the alleged implicit definitions do not have a purely stipulative status. Stipulation of the vehicles of the implicit definitions in question should end up with true postulates. However, those postulates should not be taken to be true only in virtue of stipulation since they have extra commitments. Horwich’s worry emerges in all three kinds of implicit definitions under consideration, since the existence of meanings so that the alleged postulates are true depends on extra requirements that should be fulfilled. Moreover, if Ramseyfication method is applied to the three kinds of implicit definition, they are split up into two components from which the first one is broadly factual while the second one is purely stipulative. The paper argues that their definitional task in each case should be assigned to their second component i.e. their Carnap-conditional.

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1 Yiftach U.

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Olim tradita fuerunt? On the obsoleteness of the sollemnia verba in Inst. 3.15pr.

On the Synthetic Content of Implicit Definitions