• Law

The Roman Law Tradition


Author: A. D. E. Lewis,D. J. Ibbetson
Publisher: Cambridge University Press
ISBN: 9780521441995
Category: Law
Page: 234
View: 7718
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.

    • Law

Roman Law and the Origins of the Civil Law Tradition


Author: George Mousourakis
Publisher: Springer
ISBN: 3319122681
Category: Law
Page: 328
View: 1779
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.

    • History

Byzantine Legal Culture and the Roman Legal Tradition, 867-1056


Author: Zachary Chitwood
Publisher: Cambridge University Press
ISBN: 1107182565
Category: History
Page: 248
View: 3846
An accessible and innovative introductory study of Byzantine law in its wider societal context under the Macedonian dynasty.

    • History

Law, Language, and Empire in the Roman Tradition


Author: Clifford Ando
Publisher: University of Pennsylvania Press
ISBN: 0812204883
Category: History
Page: 184
View: 7388
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.

    • History

Byzantine Legal Culture and the Roman Legal Tradition, 867–1056


Author: Zachary Chitwood
Publisher: Cambridge University Press
ISBN: 1316864502
Category: History
Page: N.A
View: 4962
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.

    • History

Roman Law in European History


Author: Peter Stein
Publisher: Cambridge University Press
ISBN: 9780521643795
Category: History
Page: 137
View: 9474
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.

    • Law

Roman Law, Contemporary Law, European Law

The Civilian Tradition Today
Author: Reinhard Zimmermann
Publisher: Oxford University Press
ISBN: 0198299133
Category: Law
Page: 197
View: 993
This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.

    • Law

Law and Revolution, the Formation of the Western Legal Tradition


Author: Harold J. Berman
Publisher: Harvard University Press
ISBN: 9780674020856
Category: Law
Page: 672
View: 2283
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.

    • Law

Legal Traditions of the World

Sustainable Diversity in Law
Author: H. Patrick Glenn
Publisher: Oxford University Press (UK)
ISBN: 019966983X
Category: Law
Page: 423
View: 5580
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

    • Law

The Civil Law Tradition, 3rd Edition

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: 5353
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.

    • History

Roman Law

An Introduction
Author: Rafael Domingo
Publisher: Routledge
ISBN: 1351111450
Category: History
Page: 238
View: 8902
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.

    • Law

The Civil Law Tradition

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: 7518
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.

    • History

Law and Crime in the Roman World


Author: Jill Harries
Publisher: Cambridge University Press
ISBN: 1316582957
Category: History
Page: N.A
View: 2260
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.

    • Money

Money in the Western Legal Tradition

Middle Ages to Bretton Woods
Author: Wolfgang Ernst
Publisher: Oxford University Press
ISBN: 0198704747
Category: Money
Page: 892
View: 4335
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.

    • Law

Iniuria and the Common Law


Author: Eric Descheemaeker,Helen Scott
Publisher: A&C Black
ISBN: 1782253386
Category: Law
Page: 276
View: 6507
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.

    • Law

Cicero's Law

Rethinking Roman Law of the Late Republic
Author: Paul J. du Plessis
Publisher: Edinburgh University Press
ISBN: 1474408842
Category: Law
Page: 256
View: 7227
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.

    • History

The Oxford Handbook of Roman Law and Society


Author: Clifford Ando,Paul J du Plessis,Kaius Tuori
Publisher: Oxford University Press
ISBN: 0191044423
Category: History
Page: 650
View: 906
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.

    • History

Roman Law in the State of Nature


Author: Benjamin Straumann
Publisher: Cambridge University Press
ISBN: 1107092906
Category: History
Page: 283
View: 5550
Offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.