Author: George Mousourakis
This book equips both lawyer and historian with a complete history of Roman law, from its beginnings c.1000 BC through to its re-discovery in Europe where it was widely applied until the eighteenth century. Combining a law specialist’s informed perspective of legal history with a socio-political and cultural focus, it examines the sources of law, the ways in which these laws were applied and enforced, and the ways the law was influenced and progressed, with an exploration of civil and criminal procedures and special attention paid to legal science. The final chapter covers the history of Roman law in late antiquity and appraises the move towards the codification of law that culminated in the final statement of Roman law: the Corpus Iuris Civilis of Emperor Justinian. Throughout the book, George Mousourakis highlights the relationship between Roman law and Roman life by following the lines of the major historical developments. Including bibliographic references and organized accessibly by historical era, this book is an excellent introduction to the history of Roman law for students of both law and ancient history.
The Problem of Admissibility of Evidence
Author: Andrea Ryan
With the developing landscape of a European criminal justice sphere comes an increasing imperative for scholars and practitioners to gain some insight into the diversity that exists in the criminal justice systems of European Union Member States. This book explores the mutual admissibility of evidence; a facet of EU criminal justice that is proving difficult to realise. While the Lisbon Treaty places the issue of mutual admissibility of evidence squarely on the agenda, the EU instruments to date have not succeeded in achieving this goal. Andrea Ryan argues that part of the reason for this failure is that while the mutual recognition instruments have focussed on the issue of gathering evidence and safeguarding suspects’ rights, they have not addressed how evidence is to be presented and contested at trial. Drawing upon case studies from Ireland, France and Italy, and adopting a legal cultural perspective, and enriched by the author’s observations of criminal trials, the book presents a detailed analysis of the developments to date in EU criminal justice and evidence law. By examining evidence practices the book asks whether the inquisitorial and accusatorial traditions within the EU systems are too irreconcilable to achieve a system of mutual admissibility of evidence. The book will be of great interest and use to academics and practitioners with an interest in European and comparative criminal justice, criminal procedure, human rights and socio-legal studies.
Author: John Philip Dawson
Publisher: The Lawbook Exchange, Ltd.
Dawson, John P. A History of Lay Judges. Cambridge, Mass.: Harvard University Press, 1960. viii, , 310 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50812. ISBN 1-886363-69-2. Cloth. $75. * An analysis of the divergent legal systems in England, France, Germany and Rome showing the relationship of the courts to the community, the legal structure and political organizations. The work examines the evolution of medieval French and German courts from the Roman canonist system. This study also explores the role of the local courts in England and examines in detail the workings and influence of a typical manor court, Redgrave, in Suffolk, England, (which was owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for the period up to 1711. Extensive notes, indexed. Scholars interested in the roots of the modern political structures in Europe will find this work of supreme benefit.
Author: Gordon P. Kelly
Publisher: Cambridge University Press
Roman senators and equestrians were always vulnerable to prosecution for their official conduct, especially since politically motivated accusations were common. When charged with a crime in Republican Rome, such men had a choice concerning their fate. They could either remain in Rome and face possible conviction and punishment, or go into voluntary exile and avoid legal sentence. For the majority of the Republican period, exile was not a formal legal penalty contained in statutes, although it was the practical outcome of most capital convictions. Despite its importance in the political arena, Roman exile has been a neglected topic in modern scholarship. This 2006 study examines all facets of exile in the Roman Republic: its historical development, technical legal issues, the possibility of restoration, as well as the effects of exile on the lives and families of banished men.
Author: Andrew M. Riggsby
Publisher: University of Texas Press
In the late Roman Republic, acts of wrongdoing against individuals were prosecuted in private courts, while the iudicia publica (literally "public courts") tried cases that involved harm to the community as a whole. In this book, Andrew M. Riggsby thoroughly investigates the types of cases heard by the public courts to offer a provocative new understanding of what has been described as "crime" in the Roman Republic and to illuminate the inherently political nature of the Roman public courts. Through the lens of Cicero's forensic oratory, Riggsby examines the four major public offenses: ambitus (bribery of the electorate), de sicariis et veneficiis (murder), vis (riot), and repetundae (extortion by provincial administrators). He persuasively argues that each of these offenses involves a violation of the proper relations between the state and the people, as interpreted by orators and juries. He concludes that in the late Roman Republic the only crimes were political crimes.
Author: James M. Anderson,Ivan Waggoner
Publisher: Rand Corporation
Category: Business & Economics
This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
From Torture to Miranda and Beyond
Author: George C. Thomas III,Richard A. Leo
Publisher: Oxford University Press
How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another? In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence. Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals. From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.
Author: Richard A. Bauman
First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Patriarchy and the Foundations of American Government
Author: Markus Dirk Dubber
Publisher: Columbia University Press
Category: Political Science
Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.
Ten Essays Bearing on the Administrative and Legislative Work of Julius Caesar
Author: Ernest George Hardy
Publisher: The Lawbook Exchange, Ltd.
Based on a careful reading of original sources, this is a collection of essays dealing with legal and political issues during the reign of Julius Caesar (and the period just before). Contents: "Some Notable Iudicia Populi on Capital Charges," "The Transpadane Question and the Alien Act of 65 or 64," "The Agrarian Proposal of Rullus in 63," "The Political and Legal Aspects of the Trial of Rabirius," "Caesar's Colony at Novum Comun in 59 B.C.," "Caesar's Legal Position in Gaul from 52 to 49 B.C.," "The Table of Veleia of Lex Rubria," "The Table of Haraclea and the Lex Iulia Municipalis," "On the Lex Iulia Municipalis" and "Cicero's Argument in Pro Balbo." The Principal of Jesus College, Oxford, and notable scholar, Hardy [1882-1925] produced several important works including Christianity and Roman Government, and the critical editions Six Roman Laws and Roman Laws and Charters.
Problems and Methods for Ancient Historians
Author: O. F. Robinson
The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
Community and Justice
Author: Fernanda Pirie,Judith Scheele
Publisher: OUP Oxford
'Community' and 'justice' recur in anthropological, historical, and legal scholarship, yet as concepts they are notoriously slippery. Historians and lawyers look to anthropologists as 'community specialists', but anthropologists often avoid the concept through circumlocution: although much used (and abused) by historians, legal thinkers, and political philosophers, the term remains strikingly indeterminate and often morally overdetermined. 'Justice', meanwhile, is elusive, alternately invoked as the goal of contemporary political theorizing, and wrapped in obscure philosophical controversy. A conceptual knot emerges in much legal and political thought between law, justice, and community, but theories abound, without any agreement over concepts. The contributors to this volume use empirical case studies to unpick threads of this knot. Local codes from Anglo-Saxon England, north Africa, and medieval Armenia indicate disjunctions between community boundaries and the subjects of local rules and categories; processes of justice from early modern Europe to eastern Tibet suggest new ways of conceptualizing the relationship between law and justice; and practices of exile that recur throughout the world illustrate contingent formulations of community. In the first book in the series, Legalism: Anthropology and History, law was addressed through a focus on local legal categories as conceptual tools. Here this approach is extended to the ideas and ideals of justice and community. Rigorous cross-cultural comparison allows the contributors to avoid normative assumptions, while opening new avenues of inquiry for lawyers, anthropologists, and historians alike.
Author: David Johnston
Publisher: Cambridge University Press
This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.