Author: Bruce W. Frier,Thomas A. J. McGinn,Thomas A. McGinn

Publisher: Oxford University Press on Demand

ISBN: 9780195161861

Category: History

Page: 506

View: 1307

The Roman household (familia) was in many respects dramatically different from the modern family. From the early Roman Empire (30 B.C. to about A.D. 250) there survive many legal sources that describe Roman households, often in the most intimate detail. The subject matter of these ancient sources includes marriage and divorce, the property aspects of marriage, the pattern of authority within households, the transmission of property between generations, and the supervision of Roman orphans. This casebook presents 235 representative texts drawn largely from Roman legal sources, especially Justinian's Digest. These cases and the discussion questions that follow provide a good introduction to the basic legal problems associated with the ordinary families of Roman citizens. The arrangement of materials conveys to students an understanding of the basic rules of Roman family law while also providing them with the means to question these rules and explore the broader legal principles that underlie them. Included cases invite the reader to wrestle with actual Roman legal problems, as well as to think about Roman solutions in relation to modern law. In the process, the reader should gain confidence in handling fundamental forms of legal thinking, which have persisted virtually unchanged from Roman times until the present. This volume also contains a glossary of technical terms, biographies of the jurists, basic bibliographies of useful secondary literature, and a detailed introduction to the scholarly topics associated with Roman family law. A course based on this casebook should be of interest to anyone who wishes to understand better Roman social history, either as part of a larger Classical Civilization curriculum or as a preparation for law school.
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Author: Herbert Hausmaninger,Richard Gamauf

Publisher: OUP USA

ISBN: 0199791112

Category: History

Page: 342

View: 1453

This volume introduces Roman property law by means of "cases" consisting of brief excerpts from Roman juristic sources in Latin with English translations. The cases are followed by series of analytical questions and translated excerpts from modern civil codes to illustrate the dynamic character and continuing life of the Roman legal tradition.
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Author: Suzanne Dixon

Publisher: JHU Press

ISBN: 9780801842009

Category: History

Page: 279

View: 953

Unfaithful spouses, divorce and remarriage, rebellious children, aging parents--today's headlines are filled with issues said to be responsible for a "breakdown" of the traditional family. But are any of these problems truly new? What can we learn from the ways in which societies dealt with them in the past? Suzanne Dixon sets the current debate about the family against a broader context in The Roman Family, the first book to bring together what historians, anthropologists, and philologists have learned about the family in ancient Rome. Dixon begins by reviewing the controversies regarding the family in general and the Roman family in particular. After considering the problems of evidence, she explores what the Roman concept of "family" really meant and how Roman families functioned. Turning to the legal status of the Roman family, she shows how previous studies, which relied exclusively on legal evidence, fell short of describing the reality of Roman life. (Many relations not recognized by law--the slave family, for instance, or the marriage of imperial soldiers--were tolerated socially and eventually gained some legal recognition.) Other topics include love and other aspects of the institution of marriage, the role of the children in the family, how families adjusted to new members, and how they dealt with aging and death.
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Author: Richard P. Saller

Publisher: Cambridge University Press

ISBN: 9780521599788

Category: History

Page: 249

View: 4716

This innovative study of the patriarchy belies the accepted notion of the father figure as tyrannical and exploitative.
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Author: Andrew M. Riggsby

Publisher: Cambridge University Press

ISBN: 052168711X

Category: History

Page: 283

View: 2078

In this book, Andrew Riggsby surveys the main areas of Roman law, and their place in Roman life.
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Author: Leslie Joan Harris,June R. Carbone,Lee E. Teitelbaum,Rachel Rebouche

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887788

Category: Law

Page: 1056

View: 5873

Family Law, Sixth Edition is a modern and teachable casebook, offering comprehensive coverage and a mix of interdisciplinary materials. It compares innovative developments in some states with the reaffirmation of traditional principles in others, and does so in the context of a wider focus on family and the state, the role of mediating institutions, and the efficacy of law and particular methods of enforcing the law. The casebook deals with the complexity of family law both in the organization of the chapters—separate units on family contracts, jurisdiction, and practice, for example, can be shortened, skipped, or taught in almost any order—and the diversity of material within each chapter. Each unit combines primary cases with comprehensive notes, supplemented with academic and policy analyses that provide a foundation for evaluation. Detailed problems extend the coverage or apply the commentary to real world examples. Key Features: A streamlined and updated chapter on the legal significance of being married, including an updated section on reproductive rights to reflect the potential influence of Whole Woman’s Health v. Hellersted Major revisions to the chapters on marriage and informal domestic partnerships to reflect the impact of Obergefell v. Hodges A complete update of the parentage cases to incorporate the latest developments on same-sex partners, three parent recognition, third party visitation, adoption, and assisted reproduction Revised sections on the role of settlement agreements and out-of-court processes in divorce and the dissolution of relationships Coverage of cross-disciplinary topics, including financial principles, genetics/statistics, clinical psychology, social history, policy discussions, counseling, negotiation, ADR, and ethics
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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 9781139425803

Category: History

Page: N.A

View: 8848

Roman Law in Context explains how Roman law worked for those who lived by it, by viewing it in the light of the society and economy in which it operated. The book discusses three main areas of Roman law and life: the family and inheritance; property and the use of land; commercial transactions and the management of businesses. It also deals with the question of litigation and how readily the Roman citizen could assert his or her legal rights in practice. In addition it provides an introduction to using the main sources of Roman law. The book ends with an epilogue discussing the role of Roman law in medieval and modern Europe, a bibliographical essay, and a glossary of legal terms. The book involves the minimum of legal technicality and is intended to be accessible to students and teachers of Roman history as well as interested general readers.
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Author: Jill Harries

Publisher: Cambridge University Press

ISBN: 1316582957

Category: History

Page: N.A

View: 6411

What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.
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Author: Walter Scheidel

Publisher: BRILL

ISBN: 9789004115255

Category: History

Page: 242

View: 7982

This volume provides the first comprehensive survey of current methods, progress and debates in Roman demography, and offers new insights into key issues of population change and reproductive behaviour in the Roman world from Italy to Egypt.
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Author: Dr Geza Alfoldy

Publisher: Routledge

ISBN: 1317668588

Category: History

Page: 266

View: 3350

This study, first published in German in 1975, addresses the need for a comprehensive account of Roman social history in a single volume. Specifically, Alföldy attempts to answer three questions: What is the meaning of Roman social history? What is entailed in Roman social history? How is it to be conceived as history? Alföldy’s approach brings social structure much closer to political development, following the changes in social institutions in parallel with the broader political milieu. He deals with specific problems in seven periods: Archaic Rome, the Republic down to the Second Punic War, the structural change of the second century BC, the end of the Republic, the Early Empire, the crisis of the third century AD and the Late Empire. Excellent bibliographical notes specify the most important works on each subject, making it useful to the graduate student and scholar as well as to the advanced and well-informed undergraduate.
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Author: Thomas A. J. McGinn

Publisher: Oxford University Press

ISBN: 019802486X

Category: History

Page: 432

View: 5117

This is a study of the legal rules affecting the practice of female prostitution at Rome approximately from 200 B.C. to A.D. 250. It examines the formation and precise content of the legal norms developed for prostitution and those engaged in this profession, with close attention to their social context. McGinn's unique study explores the "fit" between the law-system and the socio-economic reality while shedding light on important questions concerning marginal groups, marriage, sexual behavior, the family, slavery, and citizen status, particularly that of women.
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Author: Herbert Hausmaninger,Richard Gamauf

Publisher: OUP USA

ISBN: 0199791112

Category: History

Page: 342

View: 5072

This volume introduces Roman property law by means of "cases" consisting of brief excerpts from Roman juristic sources in Latin with English translations. The cases are followed by series of analytical questions and translated excerpts from modern civil codes to illustrate the dynamic character and continuing life of the Roman legal tradition.
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Author: John Anthony Crook

Publisher: Cornell University Press

ISBN: 9780801492730

Category: History

Page: 349

View: 2111

It is about Roman law in its social context, an attempt to strengthen the bridge between two spheres of discourse about ancient Rome by using the institutions of the law to enlarge understanding of the society and bringing the evidence of the social and economic facts to bear on the rules of law.
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Author: Jane F. Gardner

Publisher: Routledge

ISBN: 1134930267

Category: History

Page: 288

View: 1070

The legal situation of the women of ancient Rome was extremely complex, and - since there was no sharp distinction between free woman, freedwoman and slave - the definition of their legal position is often heard. Basing her lively analysis on detailed study of literary and epigraphic material, Jane F. Gardner explores the provisions of the Roman laws as they related to women. Dr Gardner describes the ways in which the laws affected women throughout their lives - in families, as daughters, wives and parents; as heiresses and testators; as owners and controllers of property; and as workers. She looks with particular attention at the ways in which the strict letter of the law came to be modified, softened, circumvented, and even changed, pointing out that the laws themselves tell us as much about the economic situation of women and the range of opportunities available to them outside the home.
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A Casebook

Author: Gianni Pirelli,Robert A. Beattey,Patricia A. Zapf

Publisher: Oxford University Press

ISBN: 0190258543

Category:

Page: 440

View: 7274

Few resources exist for those interested in developing their professional competence vis-a-vis ethics in forensic psychology, with the most recent text being published more than a decade ago. However, forensic psychology is changing quickly and there is a need for a current guide on ethics within the field. The Ethical Practice of Forensic Psychology highlights the ethical standards and guidelines set forth by the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct (EPPCC) and the Specialty Guidelines for Forensic Psychology (SGFP). This Casebook provides readers with a practical review of these ethical standards and professional guidelines in the context of forensic case vignettes with corresponding commentary by leaders in the field. Concepts are presented using a best-practices model that encourages and promotes engaging in empirically supported decision-making. This volume is distinct from all others published in this area, given its inclusion and integration of a review of the ethical standards and guidelines contained in the EPPCC and SGFP, in addition to numerous types of ethical dilemmas encountered in forensic practice, a review of the relevant empirical literature and case law/legal statutes, and commentary by experts in forensic psychology. This unique Casebook will prove useful for a broad audience including academics in forensic psychology, psychology graduate and post-doctoral students and trainees, practitioners, mental health counselors, social workers, and legal professionals. "
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Past, Present, and Future

Author: Thomas McGinn

Publisher: University of Michigan Press

ISBN: 047202857X

Category: History

Page: 367

View: 4558

Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
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Author: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 2919

Borkowski's Textbook on Roman Law is the leading textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides an accessible and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The author sets the law in its social and historical context, and demonstrates the impact of Roman law on our modern legal systems. For the fifth edition, Paul du Plessis has included references to a wide range of scholarly texts, to ground his judicious account of Roman law firmly in contemporary scholarship. He has also added examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion throughout of extracts in translation from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Online Resource Centre The book is accompanied by an extensive Online Resource Centre, containing the following resources: -Self-test multiple choice questions -Interactive timeline -Biographies of key figures -Glossary of Latin terms -Annotated web links -Original Latin versions of the extracts from the Digest and the Institutes of Justinian -Examples of textual analysis of Roman law texts -Guide to the literature and sources of Roman law
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Author: George C. Christie,Joseph Sanders,W. Jonathan Cardi

Publisher: West Academic

ISBN: 9780314266941

Category: Law

Page: 1706

View: 492

The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.
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