view of Paul and
Papinian in Roman law, of G.Dernburg and B.Vindsheyd in
For imperial decrees originally collected in the Gregorian and Hermogenian Codes, as well as the opinions of
Papinian and Ulpian, we must rely primarily on later, often highly interpolated, versions collected in Justinian's Codex and Digest of 533/4.
Accordingly, Rollo makes much of how Caracalla with raving impetuousness ordered the jurist
Papinian executed for refusing to fabricate an oration acquitting him: Rollo voices Caracalla's lunatic scolding of his men that an ax was used instead of a sword (3.1.257-60); (60) and he redoubles the crime, executing both Gisbert and Baldwin for their scruple against public lying (3.1.202-60).
(24) The most obvious example of the Roman law's disregard for undue influence on a testator comes from
Papinian:
Is it not that all goes against the system of
Papinian gramamr itself, when we understand it as the best model of derivation?
(13) However, in The Digest, Justinian listed the opinions of numerous publicists on classical Roman law, including Ulpian, Modestinus,
Papinian, and Paul, to illustrate that resort to torture in criminal cases was not unlimited.
In an argument in which Mornay imagines the response of the people to "a prince [who] commands that any innocent be killed, or that he be despoiled," he conjures into memory the example of "some
Papinian [who] ...
In finding it, with Rousseau, "absurd that the will should put itself in chains for the future," and in allowing the state to change its mind to what
Papinian would have called Enricho's "disadvantage," the Supreme Court of Illinois disregarded this widely recognized general principle of contract law.
Martens starts his account of the political attitudes found in imaginative literature by showing how in Gryphius's
Papinian a sense of Christian submission still dominated an honest minister's attitude to his misfortune, but how in the eighteenth century rationalist attitudes prevailed.
See also
Papinian, Replies, Book 2, in The Digest of Justinian, Book VI, 48 ("[w]here a possessor in good faith has incurred expense on land which is shown to belong to someone else, .