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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
The translation and publication of Matthaeus' De Criminibus, which first appeared in 1644, was undertaken at the request of the South African Law Commission which is responsible for "making common-law authorities more readily available, or at any rate more intelligible" to those with little or no working knowledge of Latin.
From property law to delict and unjustified enrichment, this textbook focuses on the areas of Roman law that most influenced Scots law. Students will enter practice with a greater depth of understanding of the roots of modern Scots law, helping them to feel confident in using Roman materials when tackling today's legal problems.
A vibrant, accessible social history of Rome, from 753 BCE to the fall of the Empire some 1300 years later. To support its findings the book features hundreds of translations of inscriptions and graffiti from original authors-Roman, Greek and Jewish-and evidence culled from the visual arts, curse tablets, official records and letters both private and official. Each comes with detailed commentaries, placing them into social and historical context. The result is a fascinating survey of how Roman men, women and children lived their lives on a daily basis taking in marriage, slavery, gladiators, medicine, magic, religion, superstition and the occult; sex, work and play, education, death, housing, country life and city life. There are also chapters on domestic violence, family pets and FGM. In short, 'When in Rome' gives a vivid description of what the Romans really did.
Originally published between 1920-70,The History of Civilization was a landmark in early twentieth century publishing. It was published at a formative time within the social sciences, and during a period of decisive historical discovery. The aim of the general editor, C.K. Ogden, was to summarize the most up to date findings and theories of historians, anthropologists, archaeologists and sociologists. This reprinted material is available as a set or in the following groupings: * Prehistory and Historical Ethnography Set of 12: 0-415-15611-4: GBP800.00 * Greek Civilization Set of 7: 0-415-15612-2: GBP450.00 * Roman Civilization Set of 6: 0-415-15613-0: GBP400.00 * Eastern Civilizations Set of 10: 0-415-15614-9: GBP650.00 * Judaeo-Christian Civilization Set of 4: 0-415-15615-7: GBP250.00 * European Civilization Set of 11: 0-415-15616-5: GBP700.00
Examining the numerous primary sources, including inscriptions, religions, histories, literary references, legal codes, and archaeological reports, Linda Jones Hall presents a composite history of late antique Berytus - from its founding as a Roman colony in the time of Augustus, to its development into a center of legal study under Justinian. The book examines all aspects of life in the city, including geographical setting, economic base, built environment, political structures, religious transitions from paganism to Christianity, and the self-identity of the inhabitants in terms of ethnicity and occupation. This volume provides: * the first detailed investigation of late antique Phoenicia * a look at religious affiliations are traced among pagans, Jews, and Christians * a study of the bishops and the churches. The full texts of numerous narratives are presented to reveal the aspirations of the law students, the professors, and their fellow citizens such as the artisans. The study also explores the cultural implications of the city's Greek, Roman and then Syro-Phoenician heritage.
This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.
This book charts the formation of the French Civil Code, examining both its public and private effects. From the sixteenth to the eighteenth century, French private law was very different in the various parts of the country. In northern and central France, there were as many as sixty-five general customs in force, as well as over three hundred local customs, often differing from them in detail. As the feeling of nationhood grew, so did the idea of replacing the existing variety of laws by a single private law, possibly a code, common to all of France. 'A single body of law, called the Code Civil is to be created' proclaimed the Law of 21 March 1804, which was created by the amalgamation of thirty-six texts. The French Civil Code analyzes the Code using contemporary and modern sources, including the beautiful and concise extract from H.A.L. Fisher's History of Europe which gives an English historian's appraisal of Napoleon's contribution to the Code Civil. This text will appeal to all students of and those with an interest in international law.
Modern Beirut was a city of major importance in the Roman world, as
one the three main centers for the study of Roman law. For this
study Linda Jones Hall exploits the numerous primary sources,
including inscriptions, religious histories, literary references,
legal codes, and archaeological reports, to present a composite
history of late antique Berytus - from its founding as a Roman
colony in the time of Augustus, to its development into a center of
legal study under Justinian.
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 this volume the origins of law and their relative weight are described in the light of developing Roman history. This is a text that may appeal to a wide range of readers: the law student for the study of the substantive law, and the student of history for a guide to what Roman law means as well as its value for the understanding and interpretation of Roman history.
Roman law is one of the key legal systems from which modern European law is derived. It is one of the binding factors par excellence within the European community, so it is useful for the new "Europeans" to have a sound knowledge of the historical background of Roman law. This book presents a survey of the history of Roman law. Olga Tellegen-Couperus divides the 1000 year long history of Roman law into four periods, based on political developments. For each period there is a general outline of the sources and then a description of the territory under Roman rule and the socio-economic situation. Then the political development is discussed. The last section of each chapter analyzes the law, and in particular, legislation, jurisdiction and legal science. The book offers a full introduction to the political and socio-economic background of Roman law and aims to give due attention to the topics which are currently debated in Romanist litereature.
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.
Is it "just words" when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it "just words" when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or "multimodal," communication in legal settings and law, language, and race.
This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suarez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitoria and Alberico Gentili. In Suarez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suarez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suarez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law.
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.
An overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.
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.
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.
The Roman empire encompassed a vast area, incorporating many different cultures, and yet Roman law had to resolve disputes across the board. This meticulous study of the ways and means in which Roman law asserted control over disputes between individuals, communities and even states, is based on an in-depth analysis of legal texts, including Justinian's Corpus Juris . The study examines the Roman concept of the arbitrator, a duty that any good man' could have been called upon to perform, the types of cases he might be expected to settle, the settlements and compromises, the hearings and the enforcement measures available to him.
This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.
From property law to delict and unjustified enrichment, this textbook focuses on those areas of Roman law that have been most influential on Scots law. By using this book, students will enter practice with a greater depth of understanding of the roots of modern Scots law, helping them to feel confident in using Roman materials when tackling today's legal problems.
This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations' systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission. |
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