Author: George Mousourakis

Publisher: Routledge

ISBN: 1351888404

Category: Law

Page: 480

View: 1672

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: 6969

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.
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Author: George Mousourakis

Publisher: Gower Publishing, Ltd.

ISBN: 9780754621089

Category: Law

Page: 462

View: 8548

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.
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Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 4349

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: David Johnston

Publisher: Cambridge University Press

ISBN: 9781139425803

Category: History

Page: N.A

View: 4053

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: Clifford Ando,Kaius Tuori,Paul J. du Plessis

Publisher: Oxford University Press

ISBN: 0198728689

Category:

Page: 650

View: 8136

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: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 6830

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: 8080

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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An historical and normative analysis

Author: Antonios Emmanouil Kouroutakis

Publisher: Routledge

ISBN: 1315454319

Category: Law

Page: 212

View: 8683

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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A Cultural and Political Perspective

Author: Randall Lesaffer,Jan Arriens

Publisher: Cambridge University Press

ISBN: 0521877989

Category: History

Page: 549

View: 5996

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: 8491

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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An Historical Introduction

Author: Hans Julius Wolff

Publisher: University of Oklahoma Press

ISBN: 9780806112961

Category: Political Science

Page: 260

View: 5067

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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Author: Andrew Lintott

Publisher: OUP Oxford

ISBN: 9780191584671

Category: History

Page: 310

View: 2568

There is no other published book in English studying the constitution of the Roman Republic as a whole. Yet the Greek historian Polybius believed that the constitution was a fundamental cause of the exponential growth of Rome's empire. He regarded the Republic as unusual in two respects: first, because it functioned so well despite being a mix of monarchy, oligarchy and democracy; secondly, because the constitution was the product of natural evolution rather than the ideals of a lawgiver. Even if historians now seek more widely for the causes of Rome's rise to power, the importance and influence of her political institutions remains. The reasons for Rome's power are both complex, on account of the mix of elements, and flexible, inasmuch as they were not founded on written statutes but on unwritten traditions reinterpreted by successive generations. Knowledge of Rome's political institutions is essential both for ancient historians and for those who study the contribution of Rome to the republican tradition of political thought from the Middle Ages to the revolutions inspired by the Enlightenment.
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Author: Paul J du Plessis

Publisher: Edinburgh University Press

ISBN: 0748668195

Category: Law

Page: 256

View: 3434

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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Past, Present, and Future

Author: Thomas A. J. McGinn

Publisher: University of Michigan Press

ISBN: 0472118439

Category: History

Page: 367

View: 8907

Explores a fundamental building block of Roman life
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The Beginning of the End of the Roman Republic

Author: Mike Duncan

Publisher: PublicAffairs

ISBN: 1610397223

Category: History

Page: 352

View: 1652

NEW YORK TIMES BESTSELLER The creator of the award-winning podcast series The History of Rome and Revolutions brings to life the bloody battles, political machinations, and human drama that set the stage for the fall of the Roman Republic. The Roman Republic was one of the most remarkable achievements in the history of civilization. Beginning as a small city-state in central Italy, Rome gradually expanded into a wider world filled with petty tyrants, barbarian chieftains, and despotic kings. Through the centuries, Rome's model of cooperative and participatory government remained remarkably durable and unmatched in the history of the ancient world. In 146 BC, Rome finally emerged as the strongest power in the Mediterranean. But the very success of the Republic proved to be its undoing. The republican system was unable to cope with the vast empire Rome now ruled: rising economic inequality disrupted traditional ways of life, endemic social and ethnic prejudice led to clashes over citizenship and voting rights, and rampant corruption and ruthless ambition sparked violent political clashes that cracked the once indestructible foundations of the Republic. Chronicling the years 146-78 BC, The Storm Before the Storm dives headlong into the first generation to face this treacherous new political environment. Abandoning the ancient principles of their forbearers, men like Marius, Sulla, and the Gracchi brothers set dangerous new precedents that would start the Republic on the road to destruction and provide a stark warning about what can happen to a civilization that has lost its way.
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The Roman Contribution to the Western World

Author: Carl J. Richard

Publisher: Rowman & Littlefield Publishers

ISBN: 9780742567801

Category: History

Page: 320

View: 6149

This engaging yet deeply informed work not only examines Roman history and the multitude of Roman achievements in rich and colorful detail but also delineates their crucial and lasting impact on Western civilization. Noted historian Carl J. Richard argues that although we Westerners are "all Greeks" in politics, science, philosophy, and literature and "all Hebrews" in morality and spirituality, it was the Romans who made us Greeks and Hebrews. As the author convincingly shows, from the Middle Ages on, most Westerners received Greek ideas from Roman sources. Similarly, when the Western world adopted the ethical monotheism of the Hebrews, it did so at the instigation of a Roman citizen named Paul, who took advantage of the peace, unity, stability, and roads of the empire to proselytize the previously pagan Gentiles, who quickly became a majority of the religion's adherents. Although the Roman government of the first century crucified Christ and persecuted Christians, Rome's fourth- and fifth-century leaders encouraged the spread of Christianity throughout the Western world. In addition to making original contributions to administration, law, engineering, and architecture, the Romans modified and often improved the ideas they assimilated. Without the Roman sense of social responsibility to temper the individualism of Hellenistic Greece, classical culture might have perished, and without the Roman masses to proselytize and the social and material conditions necessary to this evangelism, Christianity itself might not have survived.
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Author: Suzanne Dixon

Publisher: JHU Press

ISBN: 9780801842009

Category: History

Page: 279

View: 472

Unfaithful spouses, divorce and remarriage, rebellious children, aging parents--today's headlines are filled with issues said to be responsible for a "breakdown" of the traditional family. But are any of these problems truly new? What can we learn from the ways in which societies dealt with them in the past? Suzanne Dixon sets the current debate about the family against a broader context in The Roman Family, the first book to bring together what historians, anthropologists, and philologists have learned about the family in ancient Rome. Dixon begins by reviewing the controversies regarding the family in general and the Roman family in particular. After considering the problems of evidence, she explores what the Roman concept of "family" really meant and how Roman families functioned. Turning to the legal status of the Roman family, she shows how previous studies, which relied exclusively on legal evidence, fell short of describing the reality of Roman life. (Many relations not recognized by law--the slave family, for instance, or the marriage of imperial soldiers--were tolerated socially and eventually gained some legal recognition.) Other topics include love and other aspects of the institution of marriage, the role of the children in the family, how families adjusted to new members, and how they dealt with aging and death.
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Author: Christopher Rowe

Publisher: Cambridge University Press

ISBN: 9780521481366

Category: Philosophy

Page: 745

View: 6370

This volume is the first general and comprehensive treatment of the political thought of ancient Greece and Rome ever to be published in English. It covers Plato and Aristotle at length, but also a host of other major and minor thinkers, from Thucydides and the Greek dramatists to Cicero and early Christian writers. It attempts both historical and philosophical assessment of the writers discussed and quotes them generously in translation. It will take its place as a standard work essential for scholars and students of classics, history, philosophy and theology.
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Author: George Mousourakis

Publisher: Springer Science & Business Media

ISBN: 3642293115

Category: Law

Page: 366

View: 3542

Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.
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