Journal article
Roman law on the just price in Nicolaus Bernoulli's Mathematics
- Abstract:
- It must be rare that discoveries which transform mathematics also undermine legal rules. Yet this is precisely what happened when probability was first developed in the second half of the seventeenth century and the first decades of the following one. The focus of this article is a doctoral thesis in law written in 1709 by Nicolaus Bernoulli, an important mathematician of the age. He highlighted the dramatic implications of the new mathematics of probability for a rule which was fundamental to contemporary contract law in continental Europe. This article reconstructs a remarkable story about the place of mathematics in the history of contractual justice and the place of contractual justice in the history of mathematics.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 656.9KB, Terms of use)
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- Publisher copy:
- 10.1093/ojls/gqae040
Authors
- Publisher:
- Oxford University Press
- Journal:
- Oxford Journal of Legal Studies More from this journal
- Publication date:
- 2024-12-05
- Acceptance date:
- 2024-09-02
- DOI:
- EISSN:
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1464-3820
- ISSN:
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0143-6503
- Language:
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English
- Keywords:
- Pubs id:
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2026288
- Local pid:
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pubs:2026288
- Deposit date:
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2024-09-27
Terms of use
- Copyright holder:
- Kennefick, C.
- Copyright date:
- 2024
- Rights statement:
- © The Author(s) 2024. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercialNoDerivs licence (https://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited.
- Licence:
- CC Attribution (CC BY)
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