Die Reise der Enkel zu den Vätern

Rezeption denken

Abstract

Although the concept of »reception« is being applied again and again to the history of law, it always seems to shy away from a coherent theoretical understanding. Even in recent studies positivist ideas of »reception« as a kind of transfer dominate the discussion and traditionally have a huge impact on the view how Greek and Roman law are related to each other.
An exceptionally striking example of a Roman »reception« of Greek law is presented by the story in 3.33 of Livy’s monumental history of Rome, »Ab urbe condita«. Here, a Roman legation is sent into Greek territory to familiarize itself with Greek law in order to advise the newly founded Roman legislative council, the Decemvirate.
The essay attempts to bring forward an aesthetic reading of Livy’s story in order to establish an understanding of the »reception« of law as a performative »staging« of history; that is a »staging« that works by creating a complex interplay of aesthetic techniques and political interests.