Gaius Noster: Substructures of Western Social Thought Author(s): Donald R. Kelley Reviewed work(s): Source: The American Historical Review, Vol. 84, No. 3 (Jun., 1979), pp. 619-648 Published by: Oxford University Press on behalf of the American Historical Association Stable URL: http://www.jstor.org/stable/1855400 . Accessed: 09/11/2012 06:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact
[email protected]. Oxford University Press and American Historical Association are collaborating with JSTOR to digitize, preserve and extend access to The American Historical Review. http://www.jstor.org Gaius Noster: Substructuresof Western Social Thought DONALD R. KELLEY "tu regereimperio populos, Romane, memento... GAIUS, THE MOST INFLUENTIAL OF CLASSICAL JURISTS, is apparently a modern discovery. The dramatic storyof his resurrectionhas oftenbeen told. In i8i6 the historian Barthold Georg Niebuhr came across a manuscript in Verona, a text from Saint Jerome writtenover a much earlier work. He reported this palimpsest (at some points ter scriptus,a double palimpsest) to his friend Friedrich Karl von Savigny, the greatest legal scholar of the age and the emerging leader of the so-called Historical School of Law. Savigny immedi- ately recognized it as the work of the second-centuryjurist Gaius, otherwise preserved only in fragmentaryform in that great sixth-centuryanthology, the Digestof Justinian.