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Common Origins and Purpose of Rituals in Roman Law

Publication at Faculty of Law |
2023

Abstract

The aim of this paper is to investigate to what extent a common origins and purpose of rituals can be traced. Are we really able to trace the religious or magic origin of the ritual legal acts as some scholars claim? Is formalism, and thus applying of rituals, a primitive or, conversely, an advanced and sophisticated means of law? Which rituals were set forth already by customary law on the one hand and which were set forth by written law on the other hand? As far as the functioning of the rituals is concerned, it appears necessary to verify whether the shared segment of the rituals is the ensuring of legal stability amongst the participants of the legal relationship; or, whether the aim of the ritual is to influence the psychology of the man, hence supporting the determination of the parties to the legal relationship to fulfil their respective obligations; or to emphasise the importance of certain legal facts.