Author: George Mousourakis
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.
Civil Law and Common Law in South Africa
Author: Reinhard Zimmermann,D. P. Visser
Publisher: Oxford University Press
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.
Author: Clifford Ando,Kaius Tuori,Paul J. du Plessis
Publisher: Oxford University Press
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.
Roman Legal Heritage in European Culture
Author: Laurent Waelkens
Publisher: Leuven University Press
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.
Past, Present, and Future
Author: Thomas A. J. McGinn
Publisher: University of Michigan Press
Explores a fundamental building block of Roman life
New Per Scot Legal His
Author: A. K. R Kiralfy,Hector L MacQueen
First published in 1984. Routledge is an imprint of Taylor & Francis, an informa company.
Author: Russ VerSteeg
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.
Author: Kenneth G. C. Reid,Reinhard Zimmermann
Publisher: Oxford University Press on Demand
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.
Author: Theodore Ziolkowski
Publisher: Princeton University Press
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
Author: Benjamin Straumann
Publisher: Cambridge University Press
Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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.
Author: David Johnston
Publisher: Cambridge University Press
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.
Author: George Mousourakis
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.
Marsilius of Padua and Bartolus of Saxoferrato
Author: Francesco Maiolo
Publisher: Eburon Uitgeverij B.V.
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.
Author: Jan Hallebeek,Roberto Fiori,Martin Schermaier,Jean-Pierre Coriat,Ernest Metzger
Publisher: V&R unipress GmbH
The contributions to this volume are concerned with the Roman law of antiquity in its broadest sense, covering both private and public law from the Roman Republic to the Byzantine era, including legal papyrology. They also examine the reception of Roman law in Western Europe and its colonies (specifically the Dutch East Indies) from the Middle Ages to the promulgation of the German Burgerliche Gesetzbuch in 1900. They reflect the wide interests of Professor Boudewijn Sirks, whom the volume honours on the occasion of his retirement and whose work and career have transcended frontiers and nations.
Author: Ruth Mazo Karras,Joel Kaye,E. Ann Matter
Publisher: University of Pennsylvania Press
In the popular imagination, the Middle Ages are often associated with lawlessness. However, historians have long recognized that medieval culture was characterized by an enormous respect for law and legal procedure. This book makes the case that one cannot understand the era's cultural trends without considering the profound development of law.
A Climate of Creativity : Papers from a New York University Conference Marking the Retirement of Baruch A. Levine
Author: Lawrence H. Schiffman
Category: Social Science
This volume brings together studies which relate to the interpenetration of Semitic and Greco-Roman traditions of papyrus writing in the antique Middle East.
Author: Alan Watson
Publisher: University of Georgia Press
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.