Papinianus on the stage: A martyr of law or a modern model?

Abstract

This paper discusses Andreas Gryphius’s tragedy (Grosmutiger Rechtsgelehrter oder Sterbender Aemilius Paulus Papinianus: Trauerspiel) about the death of Papinianus, the famous Roman jurist of the Late Classic era. The author analyzes the historical context of the death of Papinianus in detail, and he also examines how Gryphius used the historical sources and his poetic imagination in writing his drama. The second part examines Gryphius’s ideas about the law and state and argues that he followed Jean Bodin’s teaching when he declared that the sovereign is bound by divine law and natural law. Additionally, the author also discusses the message of this 17th century drama for the contemporary lawyers. His main argument is that the exemplum of Papinianus encourages modern lawyers to create their professional value system and to insist on it conscientiously.