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Proculus (jurist)
Proculus was the name of an ancient Roman jurist who founded a distinctive tradition for the interpretation of Roman law. His followers were known as the "Proculiani", or Proculeans, after him.
The full name and identity of Proculus is not known. 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.〔William Smith, ''Dictionary of Greek and Roman Antiquities'', 1870, p.541.〕
Though Proculus did not always agree with Labeo, 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.〔J. Declareuil, E. A. Parker, ''Rome the Law-giver'', Alfred A. Knopf, New York, 1926, p.23〕 The most famous topic of disagreement concerned the possession 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, the original owner of the wood still held legal possession, 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.〔R. L. Meek ''et al'' (eds), Adam Smith, ''Lectures on Jurisprudence'', Clarendon Press, Oxford, 1978, p.30; David Hume, ''A Treatise on Human Nature:Being an Attempt to Introduce the Experimental Method of Reasoning into Moral Subjects and, Dialogues concerning Natural Religion'', Volume: 2, Longmans Green, 1882, p.282.〕
Proculus appears to have lived during the late Julio-Claudian period, and is said to have practiced law under Nero.〔Fritz M. Heichelhei, Cedric A. Yeo, ''A History of the Roman People'', Prentice-Hall, 1962, p.307〕 He may be identical to the Licinius Proculus, who was Praetorian Prefect in the reign of Otho.〔
==References==
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