This brings to mind the wonderful Econtalk episode about Bruno Leoni [0]. The beginning of the podcast describes his untimely passing, which almost seems a Cohen brothers movie plot.

  So, we pore over Supreme Court cases on the First Amendment, for example, to 
  try to interpret what tests we will use to determine whether something is 
  going to be unconstitutional law. Leoni didn't want that. He argued that--and 
  again, he was proud of the Roman law contribution. He said that the Roman 
  jurist was a sort of scientist: that the object of his research was a 
  solution to cases that citizens submitted to him for study. So, an 
  industrialist or a scientist might look to a physicist to engineer a 
  technical problem. So, private Roman law was something to be described or 
  discovered, not something to be enacted. So, over time, these principles 
  emerge.