Author: Andrew M. Riggsby

Publisher: Cambridge University Press

ISBN: 052168711X

Category: History

Page: 283

View: 8345

In this book, Andrew Riggsby surveys the main areas of Roman law, and their place in Roman life.
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Author: Clifford Ando,Kaius Tuori,Paul J. du Plessis

Publisher: Oxford University Press

ISBN: 0198728689

Category:

Page: 650

View: 938

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 volume sets 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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Tabulae in Roman Belief and Practice

Author: Elizabeth A. Meyer

Publisher: Cambridge University Press

ISBN: 9781139449113

Category: History

Page: N.A

View: 6706

Greeks wrote mostly on papyrus, but the Romans wrote solemn religious, public and legal documents on wooden tablets often coated with wax. This book investigates the historical significance of this resonant form of writing; its power to order the human realm and cosmos and to make documents efficacious; its role in court; the uneven spread - an aspect of Romanization - of this Roman form outside Italy, as provincials made different guesses as to what would please their Roman overlords; and its influence on the evolution of Roman law. An historical epoch of Roman legal transactions without writing is revealed as a juristic myth of origins. Roman legal documents on tablets are the ancestors of today's dispositive legal documents - the document as the act itself. In a world where knowledge of the Roman law was scarce - and enforcers scarcer - the Roman law drew its authority from a wider world of belief.
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Past, Present, and Future

Author: Thomas A. J. McGinn

Publisher: University of Michigan Press

ISBN: 0472118439

Category: History

Page: 367

View: 9091

Explores a fundamental building block of Roman life
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Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 1365

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.
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Problems and Methods for Ancient Historians

Author: O. F. Robinson

Publisher: Routledge

ISBN: 1134877765

Category: History

Page: 168

View: 7049

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.
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A New Appraisal

Author: Richard Jenkyns,Reader in Classical Languages and Literature Fellow Richard Jenkyns

Publisher: Oxford University Press, USA

ISBN: 9780198219170

Category: Drama

Page: 479

View: 8043

The achievements of the Roman world have profoundly affected European and world civilization. The original Legacy of Rome, edited by Cyril Bailey, was published in 1923 and has been widely read and enjoyed. Nearly seventy years on, this new edition, illustrated with 24 pages of plates, offersan entirely fresh assessment of the influence of ancient Rome on the literature, art, culture, thought, and governance of later times. Fourteen contributors from a variety of disciplines each bring their individual knowledge and experience to the subjects discussed. Classical scholars consider the influence of Virgil, Horace, Ovid, pastoral, satire, and rhetoric. Historians assess Rome's impact through the ages, and textualtransmission. Art, architecture, law, drama, and language are also individually discussed. The varied approach and content of this new appraisal bear witness to the richness of the civilization which forms such a large part of our heritage today.
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Author: George Mousourakis

Publisher: Gower Publishing, Ltd.

ISBN: 9780754621089

Category: Law

Page: 462

View: 5972

Roman law forms an important part of the intellectual background of many legal systems currently in force in continental Europe, Latin America and other parts of the world. This book traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. It examines the nature of the sources of law, forms of legal procedure, the mechanisms by which legal judgments were put into effect, the development of legal science and the role of the jurists in shaping the law. The final chapter of the book outlines the history of Roman law during the Middle Ages and discusses the way in which Roman law furnished the basis of the civil law systems of continental Europe. The book combines the perspectives of legal history with those of social, political and economic history. Special attention is given to the political development of the Roman society and to the historical events and socio-economic factors that influenced the growth and progress of the law. Designed to provide a general introduction to the history of Roman law, this book will appeal to law students whose course of studies includes Roman law, legal history and comparative law. It will also prove of value to students and scholars interested in ancient history and classics.
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A Sourcebook on Marriage, Divorce and Widowhood

Author: Judith Evans Grubbs

Publisher: Routledge

ISBN: 1134743920

Category: History

Page: 376

View: 7592

It is widely recognized that Roman law is an important source of information about women in the Roman world, and can present a more rounded and accurate picture than literary sources. This sourcebook fully exploits the rich legal material of the imperial period - from Augustus (31 BCE - 14 CE) to the end of the western Roman Empire (476 CE), incorporating both pagan and Christian eras, and explaining the rights women held under Roman law, the restrictions to which they were subject, and legal regulations on marriage, divorce and widowhood.
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Author: Russ VerSteeg

Publisher: N.A

ISBN: 9781594605567

Category: Law

Page: 249

View: 4353

Countless books detail the development of Roman law and explain the laws of the ancient Romans. Similarly, many scholars have traced the law of ancient Athens. Written for both students and educated lay readers, the chapters dealing with ancient Greece focus primarily on the law of ancient Athens in the 5th and 4th centuries B.C.E. But material relating to other Greek colonies and city states also plays a significant role in the development of ancient Greek law. The Roman law chapters explore both law and legal institutions and emphasize the growth and expansion of legal principles. Roman law still serves as the foundation for the civil laws of many nations today. And given the importance of globalization, Roman law is likely to continue to influence the modern word for the foreseeable future. Each unit begins with a "Background & Beginnings" chapter that establishes the historical context in which law developed and introduces relevant principles of jurisprudence (i.e., legal philosophy). The second chapter in each unit covers procedural aspects of the law, such as court structure, judges, trial procedure, evidence, and legislation. The remaining chapters examine substantive legal topics such as property, contracts, family law, criminal law, and the like. The text also maintains a focus on the connections and influences of social, cultural, economic, philosophical, and political forces as they have affected law and its development. In addition, several sections of the book add another dimension. These sections, entitled "Law in Literature," use works of ancient literature to explore aspects of law as seen through the eyes of poets, dramatists, orators, and historians. In theory, modern readers can learn a great deal about law through literature because literature often lacks the official filter of many traditional legal sources. Of course each individual author brings his own biases about law and the legal system to his writing. But as long as we acknowledge the potential for such bias, these sections have the potential to offer completely different perspectives and insights.
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Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 6954

Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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Author: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 8382

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: A. D. E. Lewis,D. J. Ibbetson

Publisher: Cambridge University Press

ISBN: 9780521441995

Category: Law

Page: 234

View: 3391

The law developed by the ancient Romans remains a powerful legal and political instrument today. In The Roman Law Tradition a general editorial introduction complements a series of more detailed essays by an international team of distinguished legal scholars exploring the various ways in which Roman law has affected and continues to affect patterns of legal decision-making throughout the world.
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Pagan Rome

Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820313870

Category: Law

Page: 136

View: 7542

Written by one of our most respected legal historians, this book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C., the Romans were regarded (and regarded themselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox--and the way in which Roman law ultimately developed--to the conflict between patricians and plebeians that occurred in the mid-fifth century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the Twelve Tables, a law code that included only matters considered appropriate for plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded form the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd move to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal systems. After sketching the tenets of Roman religion and the content of the Twelve Tables, Watson proceeds to such matters as formalism in religion and law, religion and property, and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the Twelve Tables with the law that reportedly existed under the early Roman kings.
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Author: Paul J du Plessis

Publisher: Edinburgh University Press

ISBN: 0748668195

Category: Law

Page: 256

View: 1823

An interdisciplinary, edited collection on social science methodologies for approaching Roman legal sources. Roman law as a field of study is rapidly evolving to reflect new perspectives and approaches in research. Scholars who work on the subject are i
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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 7584

Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.
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Author: K. Loewenstein

Publisher: Springer Science & Business Media

ISBN: 9789024714582

Category: History

Page: 502

View: 603

Next to the Bible, Shakespeare, the French revolution and Napoleon, ancient Rome is one of the most plowed-through fields of historical experience. One of the truly great periods of history, Rome, over the centuries, deservedly has attracted the passionate attention of historians, philologists and, more recently, archeologists. Since Roman law constituted the source of the legal life of most of Western Europe, the legal profession had a legitimate interest. Veritable libraries have been built around the history of Rome. In the past confmed mostly to Italian, German, and French scholars the fascination with things Roman by now has spread to other civilized nations in cluding the Anglo-Saxon. Among the contributors to our knowledge of ancient Rome are some of the great minds in history and law. Our bibliography - selective, as neces sarily it has to be - records outstanding generalists as well as some of the numerous specialists that were helpful for our undertaking. Why, then, another study of the Roman political civilization and one that, at least measured by volume and effort, is not altogether insubstantial? And why, has to be added, one presented by an author who, whatever his reputation in other fields, ostensibly is an outsider of the classical discipline? These are legitimate questions that should be honestly answered. By training and avocation the author is a constitutional lawyer or, rather, a political scientist primarily interested in the operation of governmental institutions.
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Law and Society in the Roman World

Author: John W. Cairns

Publisher: Edinburgh University Press

ISBN: 0748631771

Category: Law

Page: 208

View: 8968

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roma
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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 0820330612

Category: Law

Page: 241

View: 6461

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
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