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

Publisher: Cambridge University Press

ISBN: 9780521441995

Category: Law

Page: 234

View: 5253

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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Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 5961

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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Author: Zachary Chitwood

Publisher: Cambridge University Press

ISBN: 1316864502

Category: History

Page: N.A

View: 7131

This social history of Byzantine law offers an introduction to one of the world's richest yet hitherto understudied legal traditions. In the first study of its kind, Chitwood explores and reinterprets the seminal legal-historical events of the Byzantine Empire under the Macedonian dynasty, including the re-appropriation and refashioning of the Justinianic legal corpus and the founding of a law school in Constantinople. During this last phase of Byzantine secular law, momentous changes in law and legal culture were underway: the patronage of the elite was reflected in the legal system, theological terms from Orthodox Christianity entered the vocabulary of Byzantine jurisprudence, and private legal collections of uncertain origins began to circulate in manuscripts alongside official redactions of Justinianic law. By using the heuristic device of exploring legal culture, this book examines the interplay in law between the Roman political heritage, Orthodox Christianity and Hellenic culture.
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Sustainable Diversity in Law

Author: H. Patrick Glenn

Publisher: Oxford University Press (UK)

ISBN: 019966983X

Category: Law

Page: 423

View: 5035

Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The fifth edition covers increasing recognition of chthonic legal tradition and features new discussion on the notion of collective memory. New to this editionFeatures new discussion on the notion of collective memoryCovers increasing recognition of chthonic legal traditionIncludes new coverage of the notions of Big Data, Big History and private cloudsIncreased coverage of treatment of animals in each of the legal traditions
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Author: Harold J. Berman

Publisher: Harvard University Press

ISBN: 9780674020856

Category: Law

Page: 672

View: 8628

The roots of modern Western legal institutions and concepts go back nine centuries to the Papal Revolution, when the Western church established its political and legal unity and its independence from emperors, kings, and feudal lords. Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries. Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law. Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals. Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.
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Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 9780521643795

Category: History

Page: 137

View: 8456

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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From Thales to the Tudors

Author: Ellen Goodman

Publisher: Federation Press

ISBN: 9781862871816

Category: Law

Page: 303

View: 5485

Ellen Goodman uses extensive extracts from original writings to highlight the main themes of the Western legal tradition. The strength of the book is its clear focus on the heart of the tradition: constitutionalism, representative institutions and rule by law. Goodman links Christianity to its origins in Greek philosophy and Judaism. She delves into the position of the Roman Church as the tenuous, Dark Ages conduit. Feudalism lives and dies and the common law and parliament emerge. The author accurately and vividly charts the main currents, avoiding both the shoals and the myriad tributaries, and so enables readers to have a clearer and deeper understanding of our present legal system.
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An Introduction to the Legal Systems of Europe and Latin America

Author: John Henry Merryman,Rogelio Pérez-Perdomo

Publisher: Stanford University Press

ISBN: 0804768331

Category: Law

Page: 192

View: 4444

Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.
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An Introduction to the Legal Systems of Europe and Latin America

Author: John Henry Merryman,Rogelio Pérez-Perdomo

Publisher: Stanford University Press

ISBN: 9780804755696

Category: Law

Page: 173

View: 1457

This is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events - such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition - and their significance for the civil law tradition.
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Near Eastern Influences on Ancient Greek and Roman Law

Author: Raymond Westbrook

Publisher: JHU Press

ISBN: 1421414686

Category: History

Page: 288

View: 5483

Throughout the twelve essays that appear in Ex Oriente Lex, Raymond Westbrook convincingly argues that the influence of Mesopotamian legal traditions and thought did not stop at the shores of the Mediterranean, but rather had a profound impact on the early laws and legal developments of Greece and Rome as well. He presents readers with tantalizing fragments of early Greek or archaic Roman law which, when placed in the context of the broader Near Eastern tradition, suddenly acquire unexpected new meanings. Before his untimely death in July 2009, Westbrook was regarded as one of the world’s leading authorities on ancient legal history. Although his main field was ancient Near Eastern law, he also made important contributions to the study of early Greek and Roman law. In his examination of the relationship between ancient Near Eastern and pre-classical Greek and Roman law, Westbrook sought to demonstrate that the connection between the two legal spheres was not merely theoretical but also concrete. The Near Eastern legal heritage had practical consequences that help us understand puzzling individual cases in the Greek and Roman traditions. His essays provide rich material for further reflection and interdisciplinary discussion about compelling similarities between legal cultures and the continuity of legal traditions over several millennia. Aimed at classicists and ancient historians, as well as biblicists, Egyptologists, Assyriologists, and legal historians, this volume gathers many of Westbrook’s most important essays on the legal aspects of Near Eastern cultural influences on the Greco-Roman world, including one new, never-before-published piece. A preface by editors Deborah Lyons and Kurt Raaflaub details the importance of Westbrook’s work for the field of classics, while Sophie Démare-Lafont’s incisive introduction places Westbrook’s ideas within the wider context of ancient law. -- Gerhard Thür, Austrian Academy of Sciences
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Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 1766

Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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Author: Herbert Hausmaninger,Richard Gamauf

Publisher: OUP USA

ISBN: 0199791112

Category: History

Page: 342

View: 7735

This volume introduces Roman property law by means of "cases" consisting of brief excerpts from Roman juristic sources in Latin with English translations. The cases are followed by series of analytical questions and translated excerpts from modern civil codes to illustrate the dynamic character and continuing life of the Roman legal tradition.
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An Introduction

Author: Rafael Domingo

Publisher: Routledge

ISBN: 1351111450

Category: History

Page: 238

View: 1664

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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Recurring Patterns of Law and Authority

Author: David B. Goldman

Publisher: Cambridge University Press

ISBN: 1139467352

Category: Law

Page: N.A

View: 4624

What can 'globalisation' teach us about law in the Western tradition? This important new work seeks to explore that question by analysing key ideas and events in the Western legal tradition, including the Papal Revolution, the Protestant Reformations and the Enlightenment. Addressing the role of law, morality and politics, it looks at the creation of orders which offer the possibility for global harmony, in particular the United Nations and the European Union. It also considers the unification of international commercial laws in the attempt to understand Western law in a time of accelerating cultural interconnections. The title will appeal to scholars of legal history and globalisation as well as students of jurisprudence and all those trying to understand globalisation and the Western dynamic of law and authority.
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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 8513

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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Past, Present, and Future

Author: Thomas A. J. McGinn

Publisher: University of Michigan Press

ISBN: 0472118439

Category: History

Page: 367

View: 7603

Explores a fundamental building block of Roman life
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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 0521895642

Category: History

Page: 552

View: 3611

This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.
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Author: Bruce W. Frier,Thomas A. McGinn

Publisher: American Philological Associat

ISBN: 9780195161854

Category: History

Page: 506

View: 5111

A range of representative texts from the Roman legal system introduce the main problems and concerns of Roman families including: divorce and marriage, the pattern of authority within households, property transmission between generations and the supervision of orphans.
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