The Digest of Justinian, Volume 1 Revised English-Language Edition Edited by Alan Watson "A major achievement, and an event of the first importance."--"Journal of Legal History" "Definitive."--"The Retainer" "A landmark."--"Religious Studies Review" "Superb."--"Texas Bar Journal" When Justinian became sole ruler of the Byzantine Empire in A.D. 527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the "Code," which collected the legal pronouncements of the Roman emperors, the "Institutes," an elementary student's textbook, and the "Digest," by far the largest and most highly prized of the three compilations. The "Digest" was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law. Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson. Links to the three other volumes in the set: Volume 2 Books 16-29]Volume 3 Books 30-40]Volume 4 Books 41-50] Alan Watson, Earnest P. Rogers Professor of Law at the University of Georgia, is the author of many books in legal history, including "Rome of the Twelve Tables"; "Roman Slave Law"; and "Sources of Law, Legal Change, and Ambiguity," the last published by the University of Pennsylvania Press. May 2008 768 pages 7 x 10 ISBN 978-0-8122-2033-9 Paper $34.95s 23.00 World Rights Law, Classics, History Short copy: The most famous and influential collection of legal materials in world history, now available in a four-volume English-language paperback edition.

Legal Naturalism advances a clear and convincing case that Marx's theory of law is a form of natural law jurisprudence. It explicates both Marx's writings and the idea of natural law, and makes a forceful contribution to current debates on the foundations of law. Olufemi Taiwo argues that embedded in the corpus of Marxist writing is a plausible, adequate, and coherent legal theory. He describes Marx's general concept of law, which he calls "legal naturalism." For Marxism, natural law isn't a permanent verity; it refers to the basic law of a given epoch or social formation which is an essential aspect of its mode of production. Capitalist law is thus natural law in a capitalist society and is politically and morally progressive relative to the laws of preceding social formations. Taiwo emphasizes that these formations are dialectical or dynamic, not merely static, so that the law which is naturally appropriate to a capitalist economy will embody tensions and contradictions that replicate the underlying conflicts of that economy. In addition, he discusses the enactment and reform of "positive law"-law established by government institutions-in a Marxian framework.

Corruption undermines the rule of law, good governance, and sustainable growth and development. Most countries have prohibited all forms of corruption, yet corruption persists due largely to a lack of appropriate strategies and structures to inhibit it. Such strategies include effective and comprehensive legal frameworks to prevent, punish and take the profit out of corruption. The Common Law Legal Systems Model Legislative Provisions aims to enable Commonwealth countries to evaluate measures that can be incorporated into domestic law to prevent, detect, and effectively sanction money laundering and terrorism financing and to recover the proceeds of crime.

From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers.

Part I of "The Rule of Law" examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment.
Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University ofToronto), and Michael P. Zuckert (Carleton College).

A dissenting judgment, as ordinarily understood, is a judgment or an opinion of a judge, sitting as part of a larger bench, who 'dissents' (i.e. disagrees) with the opinion or judgment of the majority. Dissenting judgments or opinions appear in different ways. Tracing, exploring and analysing all dissenting judgments in the history of the Supreme Court of India, from the beginning till date, Rohinton Fali Nariman brings to light the cases, which created a deep impact in India's legal history. From the famous Bengal Immunity Co. Ltd. v. State of Bihar in 1955 to Bhagwandas Goverdhandas Kedia v. Girdharilal Pashottamdas and Co. in 1966, State of Bombay v. The United Motors (India) Ltd in 1953, Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta in 1967, Supreme Court Advocates-on-Record Association v. Union of India in 1993, Mafatlal Industries v. Union of India in 1997 and Pradeep Kumar Biswas v. Indian Institute of Chemical Biology in 2002, Keshava Madhava Menon v. State of Bombay in 1951, United Commercial Bank Ltd. v. Workmen and Ram Singh v. The State of Delhi in the same year and Union of India v. West Coast Paper Mills Ltd. in 2004 among others, this two-volume definitive work is a thorough examination of the important dissenting judgments of the Supreme Court of India, and of some of the Judges of the Supreme Court who have gone down as 'Great Dissenters', for having written dissents of legal and constitutional importance, some of which have gone on to be recognised as correct position of the law. Comprehensive, definitive and authoritative, this is a must a must have for legal scholars and practitioners. Besides, the book will greatly interest policy makers as well as anyone, interested in India's legal history.

The Syrian Civil War has created the worst humanitarian disaster since the end of World War II, sending shock waves through Syria, its neighbours, and the European Union. Calls for the international community to intervene in the conflict, in compliance with the UN-sanctioned Responsibility to Protect (R2P), occurred from the outset and became even more pronounced following President Assad's use of chemical weapons against civilians in August 2013. Despite that egregious breach of international convention, no humanitarian intervention was forthcoming, leaving critics to argue that UN inertia early in the conflict contributed to the current crisis Syria, Press Framing, and The Responsibility to Protect examines the role of the media in framing the Syrian conflict, their role in promoting or, on the contrary, discouraging a robust international intervention. The media sources examined are all considered influential with respect to the shaping of elite views, either directly on political leaders or indirectly through their influence on public opinion. The volume provides a review of the arguments concerning appropriate international responses to events in Syria and how they were framed in leading newspapers in the United States, Great Britain, and Canada during the crucial early years of the conflict; considers how such media counsel affected the domestic contexts in which American and British decisions were made not to launch forceful interventions following Assad's use of sarin gas in 2013; and offers reasoned speculation on the relevance of R2P in future humanitarian crises in light of the failure to protect Syrian civilians.

Building on earlier work in the anthropology of law and taking a critical stance toward it, June Starr and Jane F. Collier ask, "Should social anthropologists continue to isolate the 'legal' as a separate field of study?" To answer this question, they confront critics of legal anthropology who suggest that the subfield is dying and advocate a reintegration of legal anthropology into a renewed general anthropology. Chapters by anthropologists, sociologists, and law professors, using anthropological rather than legal methodologies, provide original analyses of particular legal developments. Some contributors adopt an interpretative approach, focusing on law as a system of meaning; others adopt a materialistic approach, analyzing the economic and political forces that historically shaped relations between social groups. Contributors include Said Armir Arjomand, Anton Blok, Bernard Cohn, George Collier, Carol Greenhouse, Sally Falk Moore, Laura Nader, June Nash, Lawrence Rosen, June Starr, and Joan Vincent.

Countries emerging from violent conflict face difficult challenges about what the role of media should be in political transitions, particularly when attempting to build a new state and balance a difficult legacy. Media, Conflict, and the State in Africa discusses how ideas, institutions and interests have shaped media systems in some of Africa's most complex state and nation-building projects. This timely book comes at a turbulent moment in global politics as waves of populist protests gain traction, and concerns continue to grow about fake news, social media echo chambers, and the increasing role of both traditional and new media in waging wars or influencing elections. Focusing on comparative cases from a historical perspective and the choices and ideas that informed the approaches of some of Africa's leaders, including guerrilla commanders Yoweri Museveni of Uganda and Meles Zenawi of Ethiopia, Nicole Stremlau offers a unique political insight into the development of contemporary media systems in Africa.

Bringing together specialists in ancient history, archaeology and Roman law, this book provides new perspectives on long-distance trade in the Roman world. Recent archaeological work has shown that maritime trade across the Mediterranean intensified greatly at the same time as the Roman state was extending its power overseas. This book explores aspects of this development and its relationship with changes in the legal and institutional apparatus that supported maritime commerce. It analyses the socio-legal framework within which maritime trade was conducted, and in doing so presents a new understanding of the role played by legal and social institutions in the economy of the Roman world.Chapters cover: Roman maritime trade, the influence of commercial considerations on navigational decision making, Roman legal responses to the threat of piracy, the conduct of Roman maritime trade from a socio-legal perspective, the role of written documentation in the transport process, maritime finance and the insights provided by the juristic interpretation of contracts of carriage-by-sea into aspects of Roman private law.

This text is volume III of a five-volume reference work that surveys the entire literature on law and economics. The entries consist of two elements: a review of the literature by an authority in the field and a bibliography which covers most of the published material in the particular area.

What makes Israeli law Israeli? Why is the word 'Jewish' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and 'authentic' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.

Sovereign wealth funds are state-controlled pools of capital that hold financial and real assets, including shares of state enterprises, and manage them to grow the nation's base of sovereign wealth. The dramatic rise of sovereign wealth funds (SWFs) in both number and size-this group is now larger than the size of global private equity and hedge funds, combined-and the fact that most are located in non-OECD countries, has raised concern about the direction of capitalism. Yet SWFs are not a homogenous group of actors. Why do some countries with large current account surpluses, notably China, create SWFs while others, such as Switzerland and Germany, do not? Why do other countries with no macroeconomic justification, such as Senegal and Turkey, create SWFs? And why do countries with similar macroeconomic features, such as Kuwait and Qatar or Singapore and Hong Kong, choose different types of SWFs? Capital Choices analyzes the creation of different SWFs from a comparative political economy perspective, arguing that different state-society structures at the sectoral level are the drivers for SWF variation. Juergen Braunstein focuses on the early formation period of SWFs, a critical but little understood area given the high levels of political sensitivity and lack of transparency that surround SWF creation. Braunstein's novel analytical framework provides practical lessons for the business and finance organizations and policymakers of countries that have created, or are planning to create, SWFs.

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.

Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

This new scholarly edition of Samuel Pufendorf's seminal The Whole Duty of Man According to the Law of Nature is among the first to suggest a purely conventional basis for natural law. Pufendorf wrote this work to make his insights accessible to a wide range of readers, especially university students, who were struggling with issues of church and state. Although indebted to Hobbes and Grotius, the work outlines a new understanding of ethics and politics, one suited to states that were emerging from the aftermath of religious civil war.

Papua New Guinea's two most powerful legal orders - customary law and state law -undermine one another in criminal matters. This phenomenon, called legal dissonance, partly explains the low level of personal security found in many parts of the country. This book demonstrates that a lack of coordination in the punishing of wrong behavior is both problematic for legal orders themselves and for those who are subject to such legal phenomena Legal dissonance can lead to behavior being simultaneously promoted by one legal order and punished by the other, leading to injustice, and, perhaps more importantly, undermining the ability of both legal orders to deter wrongdoing.

Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Property law is the subject of Book II, the second and longest volume of Blackstone's Commentaries. His lucid exposition covers feudalism and its history, real estate and the forms of tenure that a land-owner may have, and personal property, including the new kinds of intangible property that were developing in Blackstone's era, such as negotiable instruments and intellectual property.

Most of the women and men who practiced magic in Tudor England were not hanged or burned as witches, despite being active members of their communities. These everyday magicians responded to common human problems such as the vagaries of money, love, property, and influence, and they were essential to the smooth functioning of English society. This illuminating book tells their stories through the legal texts in which they are named and the magic books that record their practices. In legal terms, their magic fell into the category of sin or petty crime, the sort that appeared in the lower courts and most often in church courts. Despite their relatively lowly status, scripts for the sorts of magic they practiced were recorded in contemporary manuscripts. Juxtaposing and contextualizing the legal and magic manuscript records creates an unusually rich field to explore the social aspects of magic practice. Expertly constructed for both classroom use and independent study, this book presents in modern English the legal documents and magic texts relevant to ordinary forms of magic practiced in Tudor England. These are accompanied by scholarly introductions with original perspectives on the subjects. Topics covered include: the London cunning man Robert Allen; magic to identify thieves; love magic; magic for hunting, fishing and gambling, and magic for healing and protection.

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.

This book is about trials, civil and criminal, ecclesiastical and secular, in England and Europe between the thirteenth and the seventeenth centuries. The opening chapter provides a conceptual framework both for this book and for its companion volume on the eighteenth, nineteenth and twentieth centuries. Subsequent chapters provide a rounded view of trials conducted according to different procedures within contrasting legal systems, including English common law and Roman canon law. They consider the judges and juries and the amateur and professional advisers involved in legal processes as well as the offenders brought before the courts, with the reasons for prosecuting them and the defences they put forward. The cases examined range from a fourteenth century cause-celebre, the attempted trial of Pope Boniface VIII for heresy, to investigations of obscure people for sexual and religious offences in the city states of Geneva and Venice. Technical terms have been cut to a minimum to ensure accessibility and appeal to lawyers, social, political and legal historians, undergraduate and postgraduates as well as general readers interested in the development of the trial through time. Domestic and international trials, 1700-2000: The trial in history, vol. II edited by Dr Rose Melikan, is also published by Manchester University Press.