Picturing Punishment examines representations of criminal bodies as they moved in, through, and out of publicly accessible spaces in the city during punishment rituals in the seventeenth-century Dutch Republic. Once put to death, the criminal cadaver did not come to rest. Its movement through public spaces indicated the potent afterlife of the deviant body, especially its ability to transform civic life. Focusing on material culture associated with key sites of punishment, Anuradha Gobin argues that the circulation of visual media related to criminal punishments was a particularly effective means of generating discourse and formulating public opinion, especially regarding the efficacy of civic authority. Certain types of objects related to criminal punishments served a key role in asserting republican ideals and demonstrating the ability of officials to maintain order and control. Conversely, the circulation of other types of images, such as inexpensive paintings and prints, had the potential to subvert official messages. As Gobin shows, visual culture thus facilitated a space in which potentially dissenting positions could be formulated while also bringing together seemingly disparate groups of people in a quest for new knowledge. Combining a diverse array of sources including architecture, paintings, prints, anatomical illustrations, and preserved body parts, Picturing Punishment demonstrates how the criminal corpse was reactivated, reanimated, and in many ways reintegrated into society.

Law and Empire is the first systematic treatment in English by a historian of the nature, aims and efficacy of public law in the society of the Later Roman Empire. Adopting an interdisciplinary approach, the author offers new interpretations of central issues in the study of Roman law--what it was and how effective: contemporary attitudes to torture and punishment, judicial corruption, and the settlement of disputes.

The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings 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, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only 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.

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.

This book is a study of the character and compilation of Justinian's Digest, the main volume of Justinian's Corpus Iuris Civilis (528-534 AD). This is often considered as one of the most influential works in the history of Western culture. It remains significant, partly because it is still a part of the law in six countries in Southern Africa, and partly because of its role in the evolution over fifteen hundred years of the theory and practice of human rights - a theme explored in Professor Honore's previous book studying Ulpian (2nd ed, OUP 2002).
The book gives a detailed account of the probable methods used in the compilation of the Digest and distinguishes the respective roles of imperial ministers, law professors, and advocates. It also examines the broader issues raised by the Digest's creation - how it was conceived by its compilers, its purpose, and its impact.

Hambledon & London. Hardcover. Book Condition: New. Brand New Mint Hardcover With Dustjacket.

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories.

Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly respected even by nonlawyers, and most of them wrote to influence a wider public. By filling in the gaps in the history of jurisprudence, this volume also provides greater understanding of the development of Anglo-American culture and society.

In the first volume in this new series on Roman society and law, Saskia T. Roselaar traces the social and economic history of the ager publicus, or public land. As the Romans conquered Italy during the fourth to first centuries BC, they usually took land away from their defeated enemies and declared this to be the property of the Roman state. This land could be distributed to Roman citizens, but it could also remain in the hands of the state, in which case it was available for general public use. However, in the third and second centuries BC growth in the population of Italy led to an increased demand for land among both commercial producers and small farmers. This in turn led to the gradual privatization of the state-owned land, as those who held it wanted to safeguard their rights to it. Roselaar traces the currents in Roman economy and demography which led to these developments.

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.

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.

In Staging the Trials of Modernism, Dale Barleben explores the interactions among literature, cultural studies, and the law through detailed analyses of select British modern writers including Oscar Wilde, Joseph Conrad, Ford Madox Ford, and James Joyce. By tracing the relationships between the literature, authors, media, and judicial procedure of the time, Barleben illuminates the somewhat macabre element of modern British trial process, which still enacts and re-enacts itself throughout contemporary judicial systems of the British Commonwealth. Using little seen legal documents, like Ford's contempt trial decision, Staging the Trials of Modernism uncovers the conversations between the interior style of British Modern authors and the ways in which law began rethinking concepts like intent and the subconscious. Barleben's fresh insights offer a nuanced look into the ways in which law influences literary production.

Imperial and Local Citizenship in the Long Second Century CE offers a radical new history of Roman citizenship in the long century before Caracalla's universal grant of citizenship in 212 CE. Earlier work portrayed the privileges of citizen status in this period as eroded by its wide diffusion. Building on recent scholarship that has revised downward estimates for the spread of citizenship, this work investigates the continuing significance of Roman citizenship in the domains of law, economics and culture. From the writing of wills to the swearing of oaths and crafting of marriage, Roman citizens conducted affairs using forms and language that were often distinct from the populations among which they resided. Attending closely to patterns at the level of province, region and city, this volume offers a new portrait of the early Roman empire: a world that sustained an exclusive regime of citizenship in a context of remarkable political and cultural integration.

This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.

This book provides a thorough introduction to Roman property law by means of "cases," consisting of brief excerpts from Roman juristic sources in the original Latin with accompanying English translations. The cases are selected and grouped so as to provide an overview of each topic and an orderly exposition of its parts. To each case is attached a set of questions that invite the reader to, e.g., clarify ambiguities in the jurist's argument, reconcile one holding with another, supply missing but necessary facts to account for the holding, and/or engage in other analytical activities. The casebook also illustrates the survival and adaptation of elements of Roman property law in the modern European civil codes, especially the three most influential of those codes: the General Civil Code of Austria (Allgemeines Burgerliches Gesetzbuch), the German Civil Code (Burgerliches Gesetzbuch), and the Civil Code of Switzerland (Zivilgesetzbuch). All code excerpts are accompanied by English translations. By comparing and contrasting how the codes have adopted, adapted, or rejected an underlying Roman rule or concept, it is possible for the reader to observe the dynamic character and continuing life of the Roman legal tradition. To facilitate comparison with corresponding rules and concepts in the English common law tradition, additional texts and questions prepared by the translator will be mounted on an accompanying website, www.oup.com/us/romanpropertylaw."

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.

The Roman Empire was one of the largest and most enduring in world history. In his new book, distinguished historian W. V. Harris sets out to explain, within an eclectic theoretical framework, the waxing and eventual waning of Roman imperial power, together with the Roman community's internal power structures (political power, social power, gender power and economic power). Effectively integrating analysis with a compelling narrative, he traces this linkage between the external and the internal through three very long periods, and part of the originality of the book is that it almost uniquely considers both the gradual rise of the Roman Empire and its demise as an empire in the fifth and seventh centuries AD. Professor Harris contends that comparing the Romans of these diverse periods sharply illuminates both the growth and the shrinkage of Roman power as well as the Empire's extraordinary durability.

This important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.

This book makes the important but surprisingly under-explored argument that modern international law was built on the foundations of Roman law and Roman imperial practice. A pivotal figure in this enterprise was the Italian Protestant Alberico Gentili (1552-1608), the great Oxford Roman law scholar and advocate, whose books and legal opinions on law, war, empire, embassies and maritime issues framed the emerging structure of inter-state relations in terms of legal rights and remedies drawn from Roman law and built on Roman and scholastic theories of just war and imperial justice. The distinguished group of contributors examine the theory and practice of justice and law in Roman imperial wars and administration; Gentili's use of Roman materials; the influence on Gentili of Vitoria and Bodin and his impact on Grotius and Hobbes; and the ideas and influence of Gentili and other major thinkers from the 16th to the 18th centuries on issues such as preventive self-defence, punishment, piracy, Europe's political and mercantile relations with the Ottoman Empire, commerce and trade, European and colonial wars and peace settlements, reason of state, justice, and the relations between natural law and observed practice in providing a normative and operational basis for international relations and what became international law. This book explores ways in which both the theory and the practice of international politics was framed in ways that built on these Roman private law and public law foundations, including concepts of rights. This history of ideas has continuing importance as European ideas of international law and empire have become global, partly accepted and partly contested elsewhere in the world.

This book reflects the wide range of current scholarship on Roman law. The essays, newly commissioned for this volume, cover the sources of evidence for classical Roman law, the elements of private law, as well as criminal and public law, and the second life of Roman law in Byzantium, in civil and canon law, and in political discourse from AD 1100 to the present. Roman law nowadays is studied in many different ways, which is reflected in the diversity of approaches in the essays. Some focus on how the law evolved in ancient Rome, others on its place in the daily life of the Roman citizen, still others on how Roman legal concepts and doctrines have been deployed through the ages. All of them are responses to one and the same thing: the sheer intellectual vitality of Roman law, which has secured its place as a central element in the intellectual tradition and history of the West.

This study of disputes and their settlement in twelfth-century Tuscany is more than just legal history. Studded with colourful contemporary narratives, the book explores the mindsets of medieval Italians, and examines the legal framework which structured their society. Chris Wickham uncovers the interrelationships and collisions between different legal systems, and in doing so provides a new understanding of mentalities and power in the Italian city-state.

This casebook presents representative texts from Roman legal sources that introduce the basic problems arising in Roman families, including marriage and divorce, the pattern of authority within households, the transmission of property between generations, and the supervision of orphans.

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.

This volume offers a long overdue appraisal of the dynamic interactions between Roman law and Latin literature. Despite there being periods of massive tectonic shifts in the legal and literary landscapes, the Republic and Empire of Rome have not until now been the focus of interdisciplinary study in this field. This volume brings vital new material to the attention of the law and literature movement. An interdisciplinary approach is at the heart of this volume: specialists in Roman law rarely engage in constructive dialogue with specialists in Latin literature and vice versa but this volume bridges that divide. It shows how literary scholars are eager to examine the importance of law in literature or the juridical nature of Latin literature, while Romanists are ready to embrace the interactions between literary and legal discourse. This collection capitalizes on the opportunity to open a fruitful dialogue between scholars of Latin literature and Roman law and thus makes a major, much-needed contribution to the growing field of law and literature.

European culture has been greatly influenced by the Christian Church and Greek and Roman culture. However, the peoples of Europe's remote past, whom the Greeks, Romans, and their medieval heirs called the "barbarians", also left their mark. Closely examining ancient and medieval narratives and the codifications of laws, this thoughtfully conducted comparative study sheds light on the illiterate societies of the early Germanic and Slavic peoples. The picture that emerges is one of communities built on kinship, neighborly, and tribal relations, where decision making, judgement, and punishment were carried out collectively, and the distinction between the sacred and profane was unknown.

Roman litigation has long been a difficult subject for study, hampered by a lack of information concerning the practical operation of the civil courts. Using newly discovered evidence, Metzger presents a new interpretation of how civil trials in Classical Rome were commenced and brought to judgement.