Problems and Methods for Ancient Historians

Author: O. F. Robinson

Publisher: Routledge

ISBN: 1134877773

Category: History

Page: 168

View: 317

The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
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Problems and Methods for Ancient Historians

Author: O. F. Robinson

Publisher: Routledge

ISBN: 1134877765

Category: History

Page: 168

View: 4727

The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
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Problems and Methods for Ancient Historians

Author: O. F. Robinson

Publisher: Routledge

ISBN: 1134877773

Category: History

Page: 168

View: 2575

The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
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Problems and Methods for Ancient Historians

Author: O. F. Robinson

Publisher: Psychology Press

ISBN: 9780415089944

Category: History

Page: 155

View: 7553

The notion and understanding of law penetrated society in Ancient Rome to a degree unparalleled in modern times. The poet Juvenal, for instance, described the virtuous man as a good soldier, faithful guardian, incorruptible judge and honest witness. This book is concerned with four central questions: Who made the law? Where did a Roman go to discover what the law was? How has the law survived to be known to us today? And what procedures were there for putting the law into effect? In The Sources of Roman Law, the origins of law and their relative weight are described in the light of developing Roman history. This is a topic that appeals to a wide range of readers: the law student will find illumination for the study of the substantive law; the student of history will be guided into an appreciation of what Roman law means as well as its value for the understanding and interpretation of Roman history. Both will find invaluable the description of how the sources have survived to inform our legal system and pose their problems for us.
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Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 7981

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: Paul du Plessis

Publisher: Oxford University Press, USA

ISBN: 0198736223

Category: Law

Page: 440

View: 4411

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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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 0521895642

Category: History

Page: 552

View: 3471

This book reflects the wide range of current scholarship on Roman law, covering private, criminal and public law.
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Author: David Johnston

Publisher: Cambridge University Press

ISBN: 9781139425803

Category: History

Page: N.A

View: 5996

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: William Livesey Burdick

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772530

Category: History

Page: 748

View: 522

Burdick, William L. The Principles of Roman Law and Their Relation to Modern Law. Rochester: The Lawyers Co-operative Publishing Co., [1938]. xxi, 748 pp. Reprinted 2004 by The Lawbook Exchange, Ltd. LCCN 20020254946. ISBN 1-58477-253-0. Cloth. $110. * General survey of the principles of Roman law as they have developed over time with respect to their place in civil law, English common law and the American and Canadian legal systems. Contents include "The World Wide Extension of Roman Law," "The Civil Law in the United States and Canada," "Outlines of Roman Law History," "The Corpus Juris Civilis," "The Law of Persons including Marriage, Husband and Wife, Divorce, Parent and Child, Guardian and Ward," "The Law of Property," "The Law of Obligations," "The Law of Succession," "The Law of Actions" and "The Law of Public Wrongs." A solid introduction to the subject of Roman law and its application in personal and family law in subsequent legal systems.
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Author: Olga Tellegen-Couperus

Publisher: Routledge

ISBN: 1134908016

Category: History

Page: 192

View: 9728

The most important creation of the Romans was their law. In this book, Dr Tellegen-Couperus discusses the way in which the Roman jurists created and developed law and the way in which Roman law has come down to us. Special attention is given to questions such as `who were the jurists and their law schools' and to the close connection between jurists and the politics of their time.
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Author: Paul du Plessis

Publisher: A&C Black

ISBN: 1472503058

Category: History

Page: 128

View: 2274

Studying Roman Law is an introductory guide aimed at sixth-formers, students and those with a general interest wishing to obtain a basic overview of Roman private law during the first three centuries of the Common Era. It is not meant to be a replacement for more comprehensive and technical manuals on Roman law, but should rather be seen as introductory reading. Written in non-specialist language, it contains a basic overview of the sources of Roman private law and a guide to their use together with a survey of the main areas of the law using primary sources in translation. It also explains the different contexts in which these rules arose and operated as well as the mechanisms by which they were enforced against the backdrop of one of the most sophisticated and influential legal systems of the ancient world.
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Author: George Mousourakis

Publisher: Routledge

ISBN: 1351888404

Category: Law

Page: 480

View: 9656

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: Alan Watson

Publisher: University of Georgia Press

ISBN: 0820330612

Category: Law

Page: 241

View: 6377

This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
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Author: Andrew M. Riggsby

Publisher: Cambridge University Press

ISBN: 052168711X

Category: History

Page: 283

View: 6041

In this book, Andrew Riggsby surveys the main areas of Roman law, and their place in Roman life.
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Author: Adolf Berger

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771429

Category: History

Page: 476

View: 7694

Berger, Adolf. Encyclopedic Dictionary of Roman Law. Philadelphia: The American Philosophical Society, [1953]. (Transactions of the American Philosophical Society; New Series, Volume 43, Part 2, 1953). [ii], 333-808 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-067774. ISBN 1-58477-142-9. Cloth. $110. * A comprehensive reference that includes a useful English-Latin law glossary and an extensive bibliography (centered on English-language publications) that covers all of the dictionary's topics. A formidable research tool.
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Author: Joseph Anthony Charles Thomas

Publisher: North-Holland

ISBN: 9780720405132

Category: Law

Page: 562

View: 8209

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Author: Alan Watson

Publisher: University of Georgia Press

ISBN: 9780820312613

Category: Law

Page: 328

View: 1607

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

Publisher: Oxford University Press

ISBN: 0191044423

Category: History

Page: 650

View: 5952

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: Andrew Lintott

Publisher: OUP Oxford

ISBN: 9780191584671

Category: History

Page: 310

View: 5572

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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