Past, Present, and Future

Author: Thomas McGinn

Publisher: University of Michigan Press

ISBN: 047202857X

Category: History

Page: 367

View: 5761

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: Peter Birks,Eric Descheemaeker

Publisher: Oxford University Press, USA

ISBN: 0198719272

Category: Law

Page: 303

View: 579

This volume contains Birks' notes on a series of lectures on the Roman law of obligations delivered in 1982. They give a comprehensive insight into his views on the topic, which are relevant in both a Roman context and also from a modern English perspective. The book examines, in turn, the law of contracts with its general principles and rule applications to the transactions mentioned in the Institutes; the law of delicts; and finally the miscellany of residual obligations from which the later categories of quasi-contracts and quasi-delicts, but also the modern law of unjust enrichment, emerged.
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Roman Foundations of the Civilian Tradition

Author: Reinhard Zimmermann

Publisher: Clarendon Press

ISBN: 9780198764267

Category: Law

Page: 1241

View: 3853

Scholarly survey of the Law of Obligations form classical to modern times. Discusses each contract, tort, and liability based on unjust enrichment with great clarity and traces their development over hundreds of years through the legal systems of Europe
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With Comparative Views of the Laws of France, England, and Scotland

Author: Lord Thomas Mackenzie Mackenzie

Publisher: N.A

ISBN: N.A

Category: Comparative law

Page: 461

View: 4226

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Author: Clifford Ando,Paul J du Plessis,Kaius Tuori

Publisher: Oxford University Press

ISBN: 0191044423

Category: History

Page: 650

View: 9227

The Handbook is intended to survey the landscape of contemporary research and chart principal directions of future inquiry. Its aim is to bring to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. This unique contribution of the volumesets it apart from others in the field. Furthermore, the volume brings the study of Roman law into closer alignment, and thus into dialogue, with historical, sociological, and anthropological research in law in other periods. The volume is therefore directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
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Author: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 6997

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: William Livesey Burdick

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772530

Category: History

Page: 748

View: 1458

Burdick, William L. The Principles of Roman Law and Their Relation to Modern Law. Rochester: The Lawyers Co-operative Publishing Co., [1938]. xxi, 748 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 20020254946. ISBN 1-58477-253-0. Cloth. $110. * General survey of the principles of Roman law as they have developed over time with respect to their place in civil law, English common law and the American and Canadian legal systems. Contents include "The World Wide Extension of Roman Law," "The Civil Law in the United States and Canada," "Outlines of Roman Law History," "The Corpus Juris Civilis," "The Law of Persons including Marriage, Husband and Wife, Divorce, Parent and Child, Guardian and Ward," "The Law of Property," "The Law of Obligations," "The Law of Succession," "The Law of Actions" and "The Law of Public Wrongs." A solid introduction to the subject of Roman law and its application in personal and family law in subsequent legal systems.
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Public Law in the Expansion and Decline of the Roman Republic

Author: Caroline Williamson

Publisher: University of Michigan Press

ISBN: 9780472025428

Category: History

Page: 534

View: 7960

For hundreds of years, the Roman people produced laws in popular assemblies attended by tens of thousands of voters to publicly forge resolutions to issues that might otherwise have been unmanageable. Callie Williamson's comprehensive new study finds that the key to Rome's survival and growth during the most formative period of empire, roughly 350 to 44 B.C.E., lies in its hitherto enigmatic public lawmaking assemblies which helped extend Roman influence and control. The author bases her rigorous and innovative work on the entire body of surviving laws preserved in ancient reports of proposed and enacted legislation from these public assemblies. Callie Williamson holds a Ph.D. in Roman history from the University of London and is practicing law in North Carolina.
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Author: Dennis P. Kehoe,Thomas McGinn

Publisher: University of Michigan Press

ISBN: 0472130439

Category: History

Page: 216

View: 2598

An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds
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A Comparison in Outline

Author: William Warwick Buckland,Arnold D. McNair

Publisher: CUP Archive

ISBN: N.A

Category: Common law

Page: 439

View: 9568

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The Civilian Tradition Today

Author: Reinhard Zimmermann

Publisher: Oxford University Press

ISBN: 0198299133

Category: Law

Page: 197

View: 602

This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.
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Author: David J. Ibbetson

Publisher: Oxford University Press on Demand

ISBN: 9780198764113

Category: Law

Page: 307

View: 2953

This work traces the history of the English Law of obligations from the twelfth century to the present day. It aims to cut through technicalities and to be comprehensible to readers other than specialist legal historians. It should be of interest to all those wanting to understand how the English Common law has revolved.
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Author: Clifford Ando

Publisher: University of Pennsylvania Press

ISBN: 0812204883

Category: History

Page: 184

View: 4734

The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
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Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 9780521643795

Category: History

Page: 137

View: 2775

This is a short and succinct summary of the unique position of Roman law in European culture by one of the world's leading legal historians. Peter Stein's masterly study assesses the impact of Roman law in the ancient world, and its continued unifying influence throughout medieval and modern Europe. Roman Law in European History is unparalleled in lucidity and authority, and should prove of enormous utility for teachers and students (at all levels) of legal history, comparative law and European Studies. Award-winning on its appearance in German translation, this English rendition of a magisterial work of interpretive synthesis is an invaluable contribution to the understanding of perhaps the most important European legal tradition of all.
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An Introduction

Author: Rafael Domingo

Publisher: Routledge

ISBN: 1351111450

Category: History

Page: 238

View: 863

Roman Law: An Introduction offers a clear and accessible introduction to Roman law for students of any legal tradition. In the thousand years between the Law of the Twelve Tables and Justinian’s massive Codification, the Romans developed the most sophisticated and comprehensive secular legal system of Antiquity, which remains at the heart of the civil law tradition of Europe, Latin America, and some countries of Asia and Africa. Roman lawyers created new legal concepts, ideas, rules, and mechanisms that most Western legal systems still apply. The study of Roman law thus facilitates understanding among people of different cultures by inspiring a kind of legal common sense and breadth of knowledge. Based on over twenty-five years’ experience teaching Roman law, this volume offers a comprehensive examination of the subject, as well as a historical introduction which contextualizes the Roman legal system for students who have no familiarity with Latin or knowledge of Roman history. More than a compilation of legal facts, the book captures the defining characteristics and principal achievements of Roman legal culture through a millennium of development.
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