Philosophical Influence on Roman Jurisprudence? The Case of Stoicism and Natural Law* by PAUL A. VANDER WAERDT, San Francisco, CA Contents I. Introduction 4851 II. Stoicism and Roman Jurisprudence of the Late Republic 4856 III. Cicero's Plans for the Reformation of Roman Jurisprudence 4866 IV. Gaius on Ius Naturale, Ius Gentium and Ratio Naturalis 4879 V. Some Test Cases in Jurisprudence of the Principate 4887 VI. Conclusion 4893 Bibliography 4895 I. Introduction The hypothesis that Stoic philosophy decisively influenced the develop- ment of Roman jurisprudence has proven to be one of the most enduring legacies of XlXth century Quellenkritik. Thanks to the bulky and influential work of MORITZ VOIGT 1 , it has become a widely accepted commonplace that the doctrines of ius naturale, ius gentium and ratio naturalis held by Roman * I began work on this subject during the Lent and Easter terms of 1988, while I was a visitor at Christ's College, Cambridge. I would like to thank the Woodrow Wilson Foundation, whose grant of a Charlotte Newcombe Fellowship made my stay in Cam- bridge possible, and DAVID JOHNSTON, Fellow at Christ's, whose expert advice and written comments on earlier versions of this work have been invaluable. For their suggestions on the penultimate version of this article, I would like to thank JULIA ANNAS, JERZY LINDERSKI, DARRYL PHILLIPS, PETER STEIN and ALAN WATSON; and for the leisure to complete it, the National Endowment for the Humanities, which awarded me a Fellowship for University Teachers in 1990 — 91. 1 Das jus naturale, aequum et bonum, und jus gentium der Romer, 4 vols., Leipzig, 1856 — 76, esp. vol. I, pp. 267 - 344. Brought to you by | Cambridge University Library Authenticated Download Date | 10/28/16 11:47 PM