Author: George Mousourakis

Publisher: Routledge

ISBN: 1351888404

Category: Law

Page: 480

View: 9582

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: George Mousourakis

Publisher: Gower Publishing, Ltd.

ISBN: 9780754621089

Category: Law

Page: 462

View: 2597

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: George Mousourakis

Publisher: Gower Publishing, Ltd.

ISBN: 9780754621140

Category: Law

Page: 462

View: 710

Roman law forms an important part of the intellectual background to many of the legal systems currently in force in continental Europe, Latin America and other parts of the world. This text traces the historical development of Roman law from the earliest period of Roman history up to and including Justinian's codification in the 6th 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.
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An historical and normative analysis

Author: Antonios Emmanouil Kouroutakis

Publisher: Routledge

ISBN: 1315454319

Category: Law

Page: 212

View: 5065

In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
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Author: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 8259

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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An Introduction

Author: Bart Wauters,Marco de Benito

Publisher: Edward Elgar Publishing

ISBN: 1786430762

Category:

Page: 200

View: 3189

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
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A Cultural and Political Perspective

Author: Randall Lesaffer,Jan Arriens

Publisher: Cambridge University Press

ISBN: 0521877989

Category: History

Page: 549

View: 6845

This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.
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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: 3957

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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Author: Paul J du Plessis

Publisher: Edinburgh University Press

ISBN: 0748668195

Category: Law

Page: 256

View: 3822

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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Fear, Favour and Prejudice

Author: Martin Chanock

Publisher: Cambridge University Press

ISBN: 9780521791564

Category: History

Page: 571

View: 4783

Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and 'Rule of Law' questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization.
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Author: Clifford Ando,Kaius Tuori,Paul J. du Plessis

Publisher: Oxford University Press

ISBN: 0198728689

Category:

Page: 650

View: 8270

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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Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 2014

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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Legal Pluralism in the Talmud

Author: Richard Hidary

Publisher: Society of Biblical Literature

ISBN: N.A

Category: Religion

Page: 441

View: 3650

This book explores how the rabbis of the Talmud thought about and dealt with pluralism in Jewish law. The rabbis remembered the terrible consequences of Second Temple sectarianism and strove for unity and even uniformity of practice; they also had thousands of legal disputes and were not always willing to compromise. This volume analyzes dozens of Talmudic passages dealing with the balance between peace within the community on the one hand and the need for each rabbi to follow his vision of truth on the other. The Talmud Yerushalmi and the Talmud Bavli present two significantly different models for dealing with such legal pluralism based on their respective cultural and political contexts within the Roman and Sasanian Empires.
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Author: Geoffrey Samuel

Publisher: Edward Elgar Publishing

ISBN: 1782546383

Category: Law

Page: 208

View: 9538

It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural o
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Author: E. Örücü

Publisher: N.A

ISBN: 9780854900701

Category: Common law

Page: 328

View: 7928

The aim of this volume is to provide the reader with original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for scholars, students and practitioners who have a general interest in comparative law and a special interest in mixed legal systems, and provide inspiration to pursue further inquiries. The contributions are a selection of papers presented at the 2007 Second World Congress of the World Society of Mixed Jurisdiction Jurists, ‘The Boundaries of Unity: Mixed Systems in Action’. As can be gleaned from the title of the Congress, the emphasis has shifted from the closed family of ‘mixed jurisdictions’ towards a wider embrace, considering ‘mixed systems’, in addition to the classical ‘mixed jurisdictions’. Following the introduction, the first two pieces inform the reader of the multiplicity of approaches to mixed legal systems and widen the horizon, offering expansion, though retaining exclusivity. Then follow chapters throwing new light on Commonwealth Caribbean, United States Novojo law, Turkey, South Africa, Sri Lanka, England and Ireland, the European Union, and Public International Law and International Trade Law; all showing that we are entering an era of legal studies involving looking at all legal systems anew.
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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 1316239624

Category: History

Page: N.A

View: 2621

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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English Historical Writing and Thought 1580-1640

Author: Frank Smith Fussner

Publisher: Routledge

ISBN: 1136857214

Category: History

Page: 370

View: 8952

First published in 1962, Frank Smith Fussner's introduction to the revolution in English historical writing and thought during the period of the renaissance and reformation (1580-1640) is an influential and thoroughly-researched work. It offers an introduction not only to the context of the period and the important English historians of the era, but also provides a thorough historiographical approach which deals with the purpose, method, content, style and significance of these historians within the framework of this 'historical revolution'.
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Author: Russ VerSteeg

Publisher: N.A

ISBN: 9781594605567

Category: Law

Page: 249

View: 4685

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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