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It's not an appeal to authority. "Because Justinian said so, and he's emperor so he should know." is an appeal to an authority. But here, Justinian's argumen
by KC8ZKF 12y ago
It's not an appeal to authority. "Because Justinian said so, and he's emperor so he should know." is an appeal to an authority.
But here, Justinian's argument is given. Seas and rivers are part of the commonwealth, so nobody should be denied access.
- yummyfajitas 12y agoWhat is Justinian's argument? He doesn't actually mention the "commonwealth" at all. He merely appeals to the "law of nature". In any case, if there is some principle underlying Justinian's edict, what is it? How did he determine that the sea is part of the "commonwealth", but that a mountain or someone's house is not? This is hardly explained in the given quote.
- KC8ZKF 12y agoThis doesn't really answer your question, but I think it's interesting to note that Institutes of Justinian are doing two things here. First, they are announcing to the Romans that the seas and running waters are part of the commonwealth. Second they are making the seas and running waters part of the commonwealth. They are simultaneously making a declaration and changing the world to fit that declaration. In short, seas were part of the commonwealth because Justinian said so. An <ahem> appeal to authority. But an appeal that Justinian made, not benjohnson.