Author: George Mousourakis

Publisher: Routledge

ISBN: 1351888404

Category: Law

Page: 480

View: 8728

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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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 9781139425803

Category: History

Page: N.A

View: 5984

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: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 706

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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An Historical Introduction

Author: Hans Julius Wolff

Publisher: University of Oklahoma Press

ISBN: 9780806112961

Category: Political Science

Page: 260

View: 1092

One of the great and lasting influences on the course of Western culture, Roman law occupies a unique place in the history of the civilized world. Originally the law of a small rural community, then of a powerful city-state, it became the law of an empire which embraced almost all of the known civilized world. The influence of Roman law extends into modern times and is reflected in the great codifications of private law that have come into existence in Europe, America, and Asia. Even now, Roman law in modified form is the law of the land in Scotland, and the civil code of Louisiana is directly based on Roman law. Forming an important part in the historical and intellectual background of understanding and a basis for further development of the principles of international jurisprudence. In this book an international authority on Roman legal history sets forth in clear, understandable English the institutions of Roman law and traces their development through the Byzantine Empire into medieval and modern Europe. It is an indispensable study for every American lawyer and for anyone interesting in legal and political history.
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Civil Law and Common Law in South Africa

Author: Reinhard Zimmermann,D. P. Visser

Publisher: Oxford University Press

ISBN: 9780198260875

Category: Law

Page: 892

View: 2043

This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.
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Author: Clifford Ando,Kaius Tuori,Paul J. du Plessis

Publisher: Oxford University Press

ISBN: 0198728689

Category:

Page: 650

View: 6180

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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Past, Present, and Future

Author: Thomas A. J. McGinn

Publisher: University of Michigan Press

ISBN: 0472118439

Category: History

Page: 367

View: 9672

Explores a fundamental building block of Roman life
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Mechanisms of Development

Author: A. Arthur Schiller

Publisher: Walter de Gruyter

ISBN: 311080719X

Category: History

Page: 644

View: 1174

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Author: Theodore Ziolkowski

Publisher: Princeton University Press

ISBN: 9780691015231

Category: History

Page: 440

View: 3570

Using an illuminating method that challenges the popular notion of Romanticism as aesthetic escapism, Theodore Ziolkowski explores five institutions--mining, law, madhouses, universities, and museums--that provide the socio-historical context for German Romantic culture. He shows how German writers and thinkers helped to shape these five institutions, all of which assumed their modern form during the Romantic period, and how these social structures in turn contributed to major literary works through image, plot, character, and theme. "Ziolkowski cannot fail to impress the reader with a breadth of erudition that reveals fascinating intersections in the life and works of an artist.... He conveys the sense of energy and idealism that fueled Schiller and Goethe, Fichte and Hegel, Hoffmann and Novalis...."--Emily Grosholz, The Hudson Review "[This book] should be put in the hands of every student who is seriously interested in the subject, and I cannot imagine a scholar in the field who will not learn from it and be delighted with it."--Hans Eichner, Journal of English and Germanic Philology "Ziolkowski is among those who go beyond lip-service to the historical and are able to show concretely the ways in which generic and thematic intentions are inextricably enmeshed with local and specific institutional circumstances."--Virgil Nemoianu, MLN
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New Per Scot Legal His

Author: A. K. R Kiralfy,Hector L MacQueen

Publisher: Routledge

ISBN: 1317949161

Category: History

Page: 124

View: 1069

First published in 1984. Routledge is an imprint of Taylor & Francis, an informa company.
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Law and Policy of International Economic Relations

Author: John Howard Jackson

Publisher: MIT Press

ISBN: 9780262600279

Category: Business & Economics

Page: 441

View: 521

Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy.Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture.The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
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Roman Legal Heritage in European Culture

Author: Laurent Waelkens

Publisher: Leuven University Press

ISBN: 9462700540

Category: Law

Page: 424

View: 3191

Introduction to the history of Roman law and its institutions Throughout its history, Europe has been influenced by Roman culture, a culture with a strong sense of society and highly legal-minded. Hence, Roman law is of major importance in European thinking. It was the first subject to be taught at university and it remains tightly interwoven with all layers of European civilisation. This book provides an introduction to the history of Roman law and its institutions, as they developed from Antiquity until the nineteenth century. Concepts such as fundamental rights and freedoms, lawsuits, family law, rightsin rem, and obligations have their origins in classical Antiquity and were developed further throughout European history. The historical processing of our Roman legal heritage is treated from the perspective of comparative legal history. The book is written for undergraduate law students, but is also relevant for scholars from other disciplines.
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Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 3561

Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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Author: Kenneth G. C. Reid,Reinhard Zimmermann

Publisher: Oxford University Press on Demand

ISBN: 9780198267782

Category: Law

Page: 552

View: 4723

Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
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Author: George Mousourakis

Publisher: Routledge

ISBN: 1134131992

Category: History

Page: 296

View: 4283

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.
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Author: Stephen Davies

Publisher: Macmillan International Higher Education

ISBN: 1137142367

Category: History

Page: 176

View: 4256

The central doctrine of empiricism - that true knowledge or understanding of the world comes ultimately from sense impressions - has underpinned most of the practices and arguments of historians for the past 150 years. Empirical history has always faced attacks from a variety of other approaches, however, including Marxism, philosophical idealism and, most recently, postmodernism. In spite of this, empirical methods have prevailed, and the study of history remains broadly empirical. In this concise introductory guide, Stephen Davies: - explains what historians mean by empiricism - examines the origins and growth of the empirical method and how it has fought off challenges from other ways of studying the past - assesses its application to an ever wider range of subjects - shows how students can apply empirical methods to their own work.
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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 1316239624

Category: History

Page: N.A

View: 6802

This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.
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Marsilius of Padua and Bartolus of Saxoferrato

Author: Francesco Maiolo

Publisher: Eburon Uitgeverij B.V.

ISBN: 9059720814

Category: History

Page: 330

View: 2229

Medieval Sovereignty examines the idea of sovereignty in the Middle Ages and asks if it can be considered a fundamental element of medieval constitutional order. Francesco Maiolo analyzes the writings of Marsilius of Padua (1275/80–1342/43) and Bartolous of Saxoferrato (1314–57) and assesses their relative contributions as early proponents of popular sovereignty. Both are credited with having provided the legal justification for medieval popular government. Maiolo’s cogent reconsideration of this primacy is an important addition to current medieval studies.
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A Climate of Creativity : Papers from a New York University Conference Marking the Retirement of Baruch A. Levine

Author: Lawrence H. Schiffman

Publisher: BRILL

ISBN: 9789004128859

Category: Social Science

Page: 285

View: 358

This volume brings together studies which relate to the interpenetration of Semitic and Greco-Roman traditions of papyrus writing in the antique Middle East.
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