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

Publisher: Cambridge University Press

ISBN: 9780521441995

Category: Law

Page: 234

View: 4262

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: 2259

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: Clifford Ando

Publisher: University of Pennsylvania Press

ISBN: 0812204883

Category: History

Page: 184

View: 5952

The Romans depicted the civil law as a body of rules crafted through communal deliberation for the purpose of self-government. Yet, as Clifford Ando demonstrates in Law, Language, and Empire in the Roman Tradition, the civil law was also an instrument of empire: many of its most characteristic features developed in response to the challenges posed when the legal system of Rome was deployed to embrace, incorporate, and govern people and cultures far afield. Ando studies the processes through which lawyers at Rome grappled with the legal pluralism resulting from imperial conquests. He focuses primarily on the tools—most prominently analogy and fiction—used to extend the system and enable it to regulate the lives of persons far from the minds of the original legislators, and he traces the central place that philosophy of language came to occupy in Roman legal thought. In the second part of the book Ando examines the relationship between civil, public, and international law. Despite the prominence accorded public and international law in legal theory, it was civil law that provided conceptual resources to those other fields in the Roman tradition. Ultimately it was the civil law's implication in systems of domination outside its own narrow sphere that opened the door to its own subversion. When political turmoil at Rome upended the institutions of political and legislative authority and effectively ended Roman democracy, the concepts and language that the civil law supplied to the project of Republican empire saw their meanings transformed. As a result, forms of domination once exercised by Romans over others were inscribed in the workings of law at Rome, henceforth to be exercised by the Romans over themselves.
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Author: Peter Stein

Publisher: Cambridge University Press

ISBN: 9780521643795

Category: History

Page: 137

View: 2934

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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The Civilian Tradition Today

Author: Reinhard Zimmermann

Publisher: Oxford University Press

ISBN: 0198299133

Category: Law

Page: 197

View: 2018

This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.
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An Introduction

Author: Rafael Domingo

Publisher: Routledge

ISBN: 1351111450

Category: History

Page: 238

View: 2611

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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Middle Ages to Bretton Woods

Author: Wolfgang Ernst

Publisher: Oxford University Press

ISBN: 0198704747

Category: Money

Page: 892

View: 9622

Money in the Western Legal Tradition is the first book to undertake a history of monetary law from the High Middle Ages through to the middle of the 20th century. It spans the two great Western legal traditions: the common law of the Anglo-American legal world, and the civil law systems of continental Europe. It analyses the law governing the payment of money in finance, loan and sale transactions as it has been understood by legal scholars and legalpractitioners of the past 800 years. The book aims to go beyond the many accounts of money already given by numismatists and economic historians. It analyses the distinctive concepts of money applied by legalpractitioners and scholars, and shows how they have been enforced private transactions throughout the period.Money in the Western Legal Tradition develops a connected thematic structure, even though the chapters are written by different specialist authors. The book aims to set the legal doctrines against the background of monetary practice in which they developed.
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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820311791

Category: Law

Page: 179

View: 1620

In this book, Alan Watson argues that the slave laws of North and South America--the written codes defining the relationship of masters to slaves--reflect not so much the culture and society of the various colonies but the legal traditions of England, Europe, and ancient Rome. A pathbreaking study concerned as much with the nature of comparative law as the specific subject of the law of slavery, Slave Law in the Americas posits an essential distance in the Western legal tradition between the tenets of law and the values of the society they govern. Laws, Watson shows, often are made not by governments or rulers but by jurists as in ancient Rome, law professors as in medieval and continental Europe, and judges as in common law England. Bodies of law, often created without reference to particular social and political ideals, are also often transferred whole cloth from one society to another. Tracing the effects of the reception of Roman law throughout Europe (excluding England) and the Americas, Watson reveals the enormous impact of this legal tradition on subsequent lawmakers operating under utterly dissimilar social and political conditions in the New World. Slave law in the colonies, Watson demonstrates, had much to do with the mother country's relations to Roman law. Spain, Portugal, France, and the United Dutch Provinces, all within the Roman legal tradition, imposed on their colonies slave laws that were private and nonracist in character, laws that interfered little in master-slave relations and provided for the relative ease of manumission and the grant of citizenship to freed slaves. England, however, did not ascribe to Roman law and colonists created rather than received slave law. Public and racist, slave law in the English colonies uniquely reflected local concerns, involving every citizen in the protection and perpetuation of slavery, strictly regulating education, manumission, and citizenship status. "Comparative legal history," Watson writes, "is in its infancy." Presenting the laws of slavery in ancient Rome and in the slaveholding colonies of America, Watson demonstrates how comparative law can elucidate the relationship of law, legal rules, and institutions to the society in which they operate. Investigating not the dynamics of slavery but of slave law, he reveals the working of a legal culture and its peculiar history.
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Author: Jill Harries

Publisher: Cambridge University Press

ISBN: 1316582957

Category: History

Page: N.A

View: 6515

What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.
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Author: Zachary Chitwood

Publisher: Cambridge University Press

ISBN: 1316864502

Category: History

Page: N.A

View: 2427

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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Romani Legal Traditions and Culture

Author: Walter Otto Weyrauch

Publisher: Univ of California Press

ISBN: 9780520221864

Category: Law

Page: 284

View: 9041

A unique collection of scholarly essays gathered and reprinted from American Journal of Comparative Law (1997) and the Yale Law Journal (1993) on the legal traditions of the Roma, or Gypsies. A fascinating account of how a primarily alien culture functions in a larger social context.
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Author: Clifford Ando,Paul J du Plessis,Kaius Tuori

Publisher: Oxford University Press

ISBN: 0191044423

Category: History

Page: 650

View: 9178

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 volumesets 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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Author: Benjamin Straumann

Publisher: Cambridge University Press

ISBN: 1107092906

Category: History

Page: 283

View: 2055

Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
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Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns. A Work Tending to Display the True Interest of Powers

Author: Emer de Vattel

Publisher: N.A

ISBN: N.A

Category: International law

Page: 563

View: 8302

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Roman Foundations of the Civilian Tradition

Author: Reinhard Zimmermann

Publisher: Clarendon Press

ISBN: 9780198764267

Category: Law

Page: 1241

View: 3942

Scholarly survey of the Law of Obligations form classical to modern times. Discusses each contract, tort, and liability based on unjust enrichment with great clarity and traces their development over hundreds of years through the legal systems of Europe
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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: 7790

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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Author: Eric Descheemaeker,Helen Scott

Publisher: A&C Black

ISBN: 1782253386

Category: Law

Page: 276

View: 3176

The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.
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Rethinking Roman Law of the Late Republic

Author: Paul J. du Plessis

Publisher: Edinburgh University Press

ISBN: 1474408842

Category: Law

Page: 256

View: 2612

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic - a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.
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Author: Ruth Rendell

Publisher: Canongate Books

ISBN: 0857861085

Category: Bibles

Page: 48

View: 2907

Paul was the most influential figure in the early Christian church. In this epistle, written to the founders of the church in Rome, he sets out some of his ideas on the importance of faith in overcoming mankind's innate sinfulness and in obtaining redemption. With an introduction by Ruth Rendell
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