oxford law - the faculty and its members : boudewijn sirks

Boudewijn Sirks Sirks was educated in Law at the University of Leiden, followed by studies in Theology and Philosophy at the University of Amsterdam, where he took up his first post as a Research Assistant in Philosophy.

In 1978, he moved back to his original discipline and became Lecturer for Legal History at the Utrecht University, later Senior Lecturer for legal techniques. In parallel, he completed a PhD in Law at the University of Amsterdam, where he became Reader and acting Chair for Legal Techniques in 1989. In 1997 he moved to the Johann-Wolfgang-Goethe University in Frankfurt, where he took up a chair in History of Ancient Law, History of European Private Law and in German Private Law until his present appointment, effective per 1 February 2006.

Professor Sirks’ research interests span ancient history of law, papyrology, European private law and civil law. He was an editorial member of the Journal of Legal History and is of the Studia Amstelodamensia. Studies in Ancient Law and History. He spent time as Visiting Scholar at the Columbia University, New York and Visiting Professor at the University of Kansas.

A J B Sirks, The Theodosian Code. A Study (Editions du Quatorze Septembre 2007)

A J B Sirks, 'Der Zweck des Senatus Consultum Claudianum von 52 n.Chr.' (2005) 122 Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Romanistische Abteilung 138-149

English Abstract: The SC Claudianum of 52 AD sanctions the cohabitation of a free woman with a slave with the enslavement of the woman and the children, born out of that union, to the owner of the slave, if she does not leave the slave after having been formally told to do so by his owner (Tac.ann. 12,53, a.o.). In the literature this is interpreted as punishment of the woman, curbing of unequal unions, protection of the owner’s property, and increase of house-born slaves.All these explanations show great flaws. On the other hand, an analysis of Pauli Sententiae 2,21a,6-11 (4th century AD), which deal with the application of the SC to various situations, shows that it was not designed to punish the woman (that would have been the business of the woman’s family), nor to protect the owner’s property, nor to increase the slave birth-rate, but to safeguard the owner’s authority over the slave - though only if he wished it: which explains why the SC only took effect if the owner formally warned the woman. If he did not, he apparently did not care about his authority or losing it.

ISBN: 0323-4096

A J B Sirks, 'Die Nomination für die städtischen Ämter im römischen Reich' in A. Cordes, J. Rückert, R. Schulze (eds), Stadt - Gemeinde - Genossenschaf. Festschrift für Gerhard Dilcher zum 70.Geburtstag (Erich Schmidt Verlag 2003)

English Abstract: Public functions in the towns in the Roman Empire were originally fulfilled through the election of suitable candidates put up for nomination. But from the second century onwards the procedure was different. A nomination was followed by a period during which the nominee could appeal to the governor against the nomination, before being appointed. Opinions differ on the exact meaning of this process. Jacques and Wegener think that a list with potential candidates was presented, after which a candidate was nominated.Bowman thinks that the presentation of the list was the nomination.Langhammer thinks that the nomination was the compulsory candidature of a person whose name was put forward by the departing functionary. The change in the system has been thought to have been caused by the worsening economic situation and the decrease in enthusiasm for town administration. On the basis of the procedure in the Senate in the fourth century, it is submitted that either a committee or the sitting functionary proposed candidates, the nomination was the council’s decision to accept them, and there was a period for an appeal before the nomination became conclusive. As a reason for the ascendance of the nomination it is submitted that in line with the Senate in the first century, town councillors wanted to restrict admittance to the council to their sons and descendants; the cause was neither a lesser appetite for council membership, nor economic circumstances. The painfully detailed rules about who was considered son of a councillor and who was not served to restrict this qualification and to keep out homines novi. It explains why we see sons already on the list as praetextati.

ISBN: 3503061630

A J B Sirks, 'Sailing in the Off-Season with Reduced Financial Risk' and 'Some Reflections'' in J.-J. Aubert, A.J.B. Sirks (eds), Speculum Iuris. Roman Law as a Reflection of Social and Economic Life in Antiquity (The University of Michigan Press, Ann Arbor MI 2002)